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Kansas is one of the few states that implement no-fault laws and insurance rules when you get involved in a car accident. If another party is at fault, they would be responsible for all damages. To get the benefits you deserve, here’s what you need to know about no-fault laws in Kansas.

What Does No-Fault Mean?

A no-fault car accident doesn’t determine responsibility in the collision. However, it doesn’t mean that you can’t pursue receiving a settlement for another driver’s negligent actions. In Kansas, your insurance company is legally required to pay specific personal injury benefits in advance when you get into a car accident, when needed. These are otherwise known as Personal Injury Protection or PIP benefits and you can obtain them regardless of who was at fault. These benefits do not cover the vehicle damage.

Why Aren’t All Claims & Losses Covered Under No-Fault Laws?

car accidentNo-fault laws in Kansas prescribes that your PIP cover only medical bills, specific losses, and survivor benefits for those whose family members passed away in the accident. One crucial feature of a no-fault claim is the exclusion of compensation for non-monetary damages, such as emotional distress, pain / suffering, and property damage.

Sometimes, incurred expenses exceed the maximum PIP limits. This means that you may end up in a situation when your policy benefits are not enough to cover bills stemming from the car accident. This usually happens when the injury is elevated or when you end up with a permanent disability or disfigurement. When possible, you may file a claim against the insurance company of the other driver in situations like this. 

How Do You Go Beyond the No-Fault System?

If you want to file a lawsuit against the driver responsible for the accident, your claim may have to reach a certain state law thresholds. If these are applicable to your case, you can go beyond your minimum insurance coverage and file a personal injury lawsuit against the other party or a file a claim against your own UIM / UM insurance coverage. You should be compensated for everything related to the loss, including medical, property, lost value, lost wages, in addition to other bills and losses.

 

Getting into a car accident can be a traumatic experience, and recovery can be difficult. The Wreck Expert in Overland Park, KS, understands that you need a dependable ally on your side to help you get back on your feet quickly. This company will give you reliable advice on insurance adjustments, total loss appraisals, used car inspections, diminished value, and body shop repair. Call them today at (913) 444-4636 to inquire about your free estimate, or visit their website to get in touch with them online. WreckExpert.com does not offer legal advice. For legal advice, please contact an attorney. For assistance dealing with a car wreck, please contact WreckExpert.com.

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