While most states have auto insurance systems in which the at-fault party is responsible for paying damages to others in car accidents, a minority of states have no-fault insurance systems. Missouri is a tort state for car accidents. This means that when you are involved in a car accident, you file a claim with the at-fault driver’s insurance company instead of your insurer. In no-fault insurance states, such as Kansas, each party involved in a car accident files a claim with their own insurance company to pay for their damages instead of filing claims against the other party. Scroll down to explore how no-fault insurance works when you are injured in a motor vehicle accident.
What is No-Fault Auto Insurance?
No-fault insurance is also known as personal injury protection (PIP) coverage. In no-fault insurance states, people are required to carry PIP coverage in at least the minimum amount in addition to liability coverage. Depending on the state, people may also be required to carry uninsured/underinsured motorist coverage (UM/UIM).
In a no-fault state, you file your injury claim with your insurer regardless of fault. PIP coverage is often significantly more limited in what it covers and will likely not be enough to cover your losses if your injuries are severe. However, most no-fault insurance states do provide exceptions that might allow you to step outside the no-fault system and file a claim against the at-fault party.
Which States Have No-Fault Insurance?
The following states have no-fault insurance laws for auto accidents:
- Kansas
- Florida
- Kentucky
- Hawaii
- Massachusetts
- Minnesota
- Michigan
- New Jersey
- New York
- North Dakota
- Utah
- Pennsylvania
Kansas No-Fault Insurance
Let’s take a look at no-fault insurance in Kansas as an example. In Kansas, personal injury protection coverage is required under KSA § 40-3107 as a part of each driver’s minimum liability insurance coverage requirements. The minimum PIP insurance coverage in Kansas includes the following:
- $4,500 to pay for medical care
- $900 per month for 12 months for disability/loss of income
- $4,500 to pay for rehabilitation
- $25 per day for in-home care
- $2,000 for burial/cremation expenses
Your no-fault insurance will pay benefits regardless of whether you or the other driver caused the accident. You’ll file your claim with your insurance company to receive your benefits. You won’t have to prove fault and will receive your money quickly, but you won’t receive full compensation for your losses in a serious accident.
Your insurance policy limits your claim. For example, say you only purchased the minimum PIP required in Kansas. You won’t receive more than the amounts stated in your policy, even if your injuries are severe and your treatment costs far more than your coverage limits. Your PIP coverage also won’t pay for your non-economic losses, including physical pain and suffering, scarring, psychological trauma, and others.
When Can You File a Claim Against the Other Driver?
In a serious accident, your PIP coverage might not be enough to cover your losses. You might be able to file a claim against the at-fault driver’s liability coverage in that situation.
For example, Kansas also requires all drivers to carry auto insurance with the following minimum liability coverages:
- $25,000 bodily injury for one person
- $50,000 bodily injury per accident for two or more injured people
- $25,000 property damage
If your PIP coverage doesn’t cover your losses, you can file a claim against the at-fault driver when one of the following applies:
- Your medical bills exceed $2,000.
- You suffered a fracture to a bone necessary to carry weight.
- You suffered an amputation injury.
- You suffered permanent disfigurement or extensive scarring.
- You suffered a permanent loss of a bodily function.
- You suffered permanent injuries.
- You suffered a compound fracture.
- Your loved one was killed.
In these situations, you can file a claim against the at-fault driver’s liability coverage. If they only have the minimum liability coverage required in Kansas, you might also file a claim with your UM/UIM insurance coverage to pay for the amounts that exceed the other driver’s policy limits up to your UM/UIM limit.
Talk to an Experienced Car Accident Attorney
Dealing with insurance claims following a car accident can be difficult for anyone, but it can be especially difficult if you live in a no-fault insurance state like Kansas. If you suffered serious injuries, contact the experienced attorneys at the Law Offices of Bryan Musgrave. We are licensed in Kansas, Oklahoma, and Missouri and offer free consultations. Call us today at 417-322-2222 or send us a message online to schedule your free appointment.