DeVaughn James Injury Lawyers
  • Home
    • DeVaughn James – East Wichita
    • DeVaughn James – West Wichita
    • DeVaughn James – Topeka
  • Practice Areas
    • Car Accidents
    • Trucking Accident
    • Motorcycle Accidents
    • Slip and Fall Injuries
    • Commercial Vehicle Accident
    • Brain Injuries
    • Dog Bite
    • Drunk Driving
    • Product Injuries
    • Nursing Home Injuries
    • Roundup Cancer Lawsuit
    • Workers Compensation
    • Wrongful Death
    • Bad Drugs & Harmful Products
    • Prescription Drug Injuries
  • About Our Firm
    • DJ Giveaways
      • $2500 Charity Giveaway
      • Think Before U Drink
      • DJ Birthday Bash
    • Community Service
      • DJ WINS for Kansas
      • Helping Hand Grants
      • Pay it Forward
      • Veteran Salute – Topeka
      • Veteran Salute – Wichita
      • In The Community
    • Join Our Team
    • DeVaughn James Newsletter
    • FAQ’s
    • What Our Clients Say
    • Our Results
    • Tour Our Offices Online
  • Attorneys
    • Dustin L. DeVaughn
    • Richard W. James
    • Cody G. Claassen
    • Shawn P. Aldrich
    • Joseph Behzadi
    • Jessica A. Brunken
    • Joseph Bryden
    • Nick French
    • Andrew T. Geren
    • Garrett Heath
    • Tymber W. Long
    • Tim Love
    • Brendan P. Lykins
    • Andy Massey
    • Claire Melero
    • Scott Nading
    • Heather A. Nizzio
    • Chris Omlid
    • Mackenzie Orchard
    • Dakota Persinger
    • Arthur E. Rhodes
    • Lance Smith
    • Corey Sucher
    • Nicole Turner
    • Patrick Turner
    • Luke J. Williams
    • Jeff Wilson
  • Blog
  • Contact
    • East Wichita Office
    • West Wichita Office
    • Topeka Office
    • Attorney Referral
316-888-8888
  • Home
  • Blog
  • Kansas Auto Insurance
  • Kansas Personal Injury Protection (PIP) Coverage

Kansas Personal Injury Protection (PIP) Coverage

Kansas Personal Injury Protection (PIP) Coverage

by admin / Friday, September 28, 2018 / Published in Kansas Auto Insurance

Kansas is one of several no-fault auto insurance states. Kansas law requires that minimum auto insurance coverage includes not only liability coverage and underinsured/uninsured motorist coverage, but also personal injury protection benefits, commonly referred to as PIP coverage. PIP coverage and no-fault coverage are terms that are often used interchangeably to refer to the benefits you are entitled to through your own auto insurance following a collision.

 

What exactly is Personal Injury Protection (PIP) coverage?

Kansas personal injury protection policy document

You will have access to your PIP benefits through your own auto insurance company immediately after a collision, regardless of fault. This coverage helps address your immediate medical expenses after a collision, and is included as a benefit that you pay for with your insurance premiums. Without personal injury protection coverage, you may be stuck waiting for your health insurance company or the at-fault driver’s insurance company to cover your medical bills. Kansas law requires every auto insurance policy sold in the state to include minimum PIP coverage of $4,500 for medical bills.

 

Because these are no-fault benefits, you will be entitled to your PIP benefits whether you are the “at-fault” driver, you are a pedestrian, you hit a deer in road, or someone else is 100% responsible for the collision. If you are injured in a motor vehicle collision, the first portion of your medical bills will be handled by your own auto insurance provider and no other insurance company will process your bills until your PIP benefits are exhausted.

 

What other benefits are available through PIP?

Kansas has set minimum required limits for insurance coverage. The following are the minimum limits as applied to PIP:

 

  • – For medical expenses – $4,500 per collision/person
  •  

  • – For lost wages – $900/month for a period of 12 months
  •  

  • – For household assistance (called KS Essential Services) – $25/day for a period of 12 months
  •  

  • – For funeral expenses – $2,000

 

Who is covered under PIP?

Everyone who is the titled owner of a vehicle is required to carry auto insurance. If you carry auto insurance, the PIP portion of your policy, will cover:

 

  1. You as the holder of the policy.
  2.  

  3. Your family members, who live in the same house as you, whether they were driving a vehicle or riding as passengers.
  4.  

  5. Unrelated passengers who were in the vehicle with you at the time of the collision. (If an unrelated passenger also carries auto insurance, the passenger will have access to the personal injury protection benefits under his/her own auto insurance policy.)

 

When does PIP coverage not apply?

Although determination of fault or negligence is not a consideration when it comes to PIP benefits, there are other factors that can make you ineligible to receive no-fault coverage. These include:

 

  1. A collision that is an intentional act: If you intentionally cause an auto collision, the insurance company can disqualify you from receiving PIP benefits.
  2.  

  3. If the injuries are sustained in a motorcycle collision: In Kansas, personal injury protection coverage is not mandatory for motorcycle owners/riders. Unless you have specifically opted to purchase PIP coverage for your motorcycle, you may not be eligible to receive PIP benefits.
  4.  

  5. If the collision occurred while you are on a work-related trip: If the mishap occurs while travelling for work (excluding travels to or from work), then PIP does not apply to injuries sustained in such a collision. Your worker’s compensation benefits will cover you in this scenario.

 

How much time does it take for PIP claims to be processed?

Once you send the PIP application to your insurance company, they have 30 days to pay the benefits after receiving the written notice. If the payment is delayed beyond the 30-day limit, you may be entitled to receive interest.

 

If you make a PIP claim, will it increase your policy premiums?

No. Personal injury protection is no-fault coverage and is separate from liability coverage. A no-fault claim should not have any impact on the cost of subsequent coverage. Insurance premiums generally increase after a determination of fault, or the receipt of a moving violation or citation.

 

How do PIP benefits apply to people who don’t own a car?

No-fault coverage is available for motorists, passengers and pedestrians who do not own a vehicle, if the vehicle they were driving in, riding in or hit by as a pedestrian, is covered by auto insurance at the time of the collision. If the there is no insurance coverage through those avenues, there may be coverage up to minimum limits provided by the state of Kansas through the Kansas Automobile Assigned Claims Plan (KAACP).

 

Will you be eligible for PIP benefits if you are driving a new car that has not yet been added to your existing policy?

Kansas laws give you 30 days to add a new car to your auto insurance policy. If you own another vehicle that is insured, you can claim PIP benefits as long as you are within the 30-day time limit.

 

If you make a PIP claim, does this mean you cannot sue the at-fault driver?

No. Liability will be determined after an examination of the facts surrounding the collision. If it is determined that the other driver is responsible for the collision, you can still bring a claim against the at-fault driver and pursue a settlement from the insurance company that will cover all your economic and non-economic damages. However, because you are not responsible for the collision, your own insurance company will be able to file a lien against your settlement to be reimbursed for the benefits they provided through your PIP coverage.

 

Having the right law firm to help sort through the intricacies of Kansas no-fault laws and insurance policies, can make a huge difference in the amount of money you pocket. If you have been seriously injured, $4,500 of PIP coverage may not get you through the first few days of medical treatment, and it may feel like you are out of options.

 

At DeVaughn James Injury Lawyers, our goal is to remove from your shoulders the stress of dealing with insurance companies, PIP liens, and medical bills. We want to make this process as worry-free as possible. Over the years, we have helped hundreds of people get the medical treatment they needed and the compensation they deserve. Our experienced lawyers settle for nothing less than fair compensation. While you focus on your recovery and getting your life back on track, we will take care of everything else.

 

  • Tweet
Tagged under: Auto Insurance, Insurance, Personal Injury Protection, PIP, PIP Coverage, PIP suit

What you can read next

Injured woman on couch looking at medical bills
Who Pays My Medical Bills After A Car Accident?
Kansas Laws Governing Slip and Fall Injury Compensation
DeVaughn James Testifies for Increased Automobile Insurance Limits.

Recent Blog Posts

  • Semi-truck and car collision on Kansas roadway

    Motorists’ Rights After a Trucking Accident in Topeka, Kansas

    A trucking accident can be a devastating and li...
  • Become a Top Fan on Facebook for Our Exclusive Giveaways!

    You can earn a Top Fan badge by being one of th...
  • Young people drinking at a club on New Year's Eve.

    Kansas Residents Can Avoid Drunk Driving This New Year’s Eve

    Every New Year’s Eve, thousands of Kansas resid...
  • Car driving on Kansas winter road in snowy conditions.

    Winter Driving Tips for Kansas Residents or Travelers

    Driving in the winter can be risky, particularl...
  • Semi-truck and Car collide in busy intersection.

    Three Reasons to Hire a Kansas Truck Accident Lawyer

    Whether a truck rams into a car or a car into t...

Archives

Categories

  • Bicycle Accident
  • Car Accidents
  • Class Action
  • Commercial Vehicle Accidents
  • Community Service
  • Dog Bites
  • Firm News
  • Kansas Auto Insurance
  • Law
  • Motorcycle Accidents
  • Nursing Home Abuse
  • Personal Injury
  • Safety Tips
  • Slip & Fall Accidents
  • Trucking Accidents
  • Uncategorized
  • Veterans
  • Wrongful Death

ABOUT US

DeVaughn James Injury Lawyers is the largest personal injury law firm in Kansas. We have offices in Wichita and Topeka where we focus on personal injury cases, such as car accidents, semi-truck accidents, and wrongful death. Every day we help Kansans, just like you, who have suffered an injury through no fault of their own.

*No Fee Guarantee represents a contingent fee contract, the payment of an attorney fee is contingent on a recovery.

CONTACT US

316-888-8888
316-977-9999
785-888-8888
620-888-8888

*Prior results do not guarantee outcomes in future cases as each case is individually based upon the personal injuries of the clients.

24/7 LIVE CHAT AVAILABLE

24/7 Live Chat Service

*Offices located in Wichita & Topeka, Kansas. Proudly serving all of Kansas! DeVaughn James - East | DeVaughn James - West | DeVaughn James - Topeka

  • Home
  • Contact
  • Attorney Referral
  • DJ Newsletters
  • Join Our Team
  • Privacy Policy
  • Sitemap

© 2023 DeVaughn James Injury Lawyers. All Rights Reserved.

TOP