Persons covered by personal injury protection benefits generally include the named insured, relatives residing in the same household, persons operating the insured’s motor vehicle, passengers in such motor vehicle, and other persons struck by such motor vehicle and suffering bodily injury while not an occupant of a motor vehicle. A person with a claim for personal injury protection benefits should look to his or her own automobile insurance policy.
When a person injured by a motor vehicle does not own his or her own motor vehicle, a claim can be asserted against the policy covering the vehicle in which that person was riding, or the vehicle that harmed that person at a time when they were not inside the vehicle, or vehicle that caused the accident. However, if one is a motor vehicle owner, but does not carry the statutorily required liability insurance on his or her vehicle, that person may not assert a claim for personal injury protection benefits against the policy of another. These issues can be confusing so it is wise to consult an attorney familiar with Kansas PIP laws.
Asserting A Claim for P.I.P. Benefits
As soon as is reasonable following a motor vehicle related injury, the automobile insurance company should be contacted and advised of the situation. Then, a Personal Injury Protection Application form is generally forwarded by the insurance company for completion by the injured claimant. Although Kansas law allows a five (5) year statute of limitations for enforcement of written insurance contracts, a claim for PIP benefits must be asserted within two (2) years.
If there is a question or dispute as to which company should receive the personal injury claim, it is wise to seek legal counsel.
Motor Vehicle Accidents On The Job
Sometimes, persons who drive as part of their work duties are injured while in an automobile accident in the course of employment. In that instance, the workers’ compensation carrier generally takes priority for paying the claim. Bills should be processed with the workers’ compensation carrier first and reasonable and necessary charges should be paid in accordance with the Workers’ Compensation Fee Schedule. In this instance, there is no cap on the amount of medical benefits paid other than the limitations imposed by the Fee Schedule and the rules pertaining to authorization for care.
When Bills Exceed The Personal Injury Protection Cap
Once personal injury protection medical benefits run out, the injured claimant can look to his or her personal health insurance carrier to cover ongoing bills. It is important to all insurance information available to your doctor at the beginning of treatment for motor vehicle related injuries. That way, there can be a smooth transition when a PIP carrier has issued a statement that benefits have been exhausted and bills need to be directed to a different insurance entity.
When Someone Else Was At Fault
If the motor vehicle accident was caused by someone other than the injured claimant, a liability claim can be asserted against that person’s automobile insurance company. In Kansas, if it is not resolved through settlement, that claim must be filed with the appropriate Court within two (2) years of the date of the accident to be viable. With a liability claim, only one check will be written when the case is settled and/or when a judgment is entered. The liability carrier is not required to pay bills as they are incurred like a PIP carrier is required to do.
*Use of this website does not create an attorney-client relationship. The information on this site is not legal advice. You should contact an attorney for actual legal advice with Dickson and Pope, P.A. at 913-387-5510.
