Whenever you are involved in an automobile accident, it is important that you contact the police, even if you do not believe you are injured. Often, injuries are masked, due to someone being in shock at the time of the accident. After the person gets home and starts to relax, they start to realize that their body is tightening up and have suffered an injury that was not apparent at the scene. In some cases, police will not come to take accident reports on private property. Documenting the name of the person you called is very important, and who told you the police would not take the report. Make sure and get the name of the other driver and write down their car tag number. Take photos of the cars and the accident scene if possible. Use your cell phone if it has the camera feature.

Kansas law requires that all auto insurance policies have personal injury protection benefits (PIP). These benefits provide payment for medical bills, lost wages, and other services, regardless of whether someone is at fault in the accident. If you are injured in an accident, even if it is your fault, you are entitled to have these benefits paid according to your insurance policy. The minimum amount for medical loss in Kansas is $4,500.00. Most health insurance companies require that PIP be used before their paying on a claim. If you are involved in an accident and are injured, you should contact your insurance company and ask for a PIP application.

If you are injured because of an accident, you should seek medical treatment immediately. You should also keep a detailed account of all your expenses, including mileage. Take photos of your injuries if they would appear on a photo. Pictures can help people recover fair compensation for their injuries in an automobile accident.

Kansas law requires that you have more than $2,000.00 in medical expenses, or an injury to a weight-bearing bone or some type of permanent disfigurement, before you can make a claim for pain and suffering and other pecuniary damages.

Since you have $4,500.00 worth of medical insurance coverage available after an accident, you should seek the best care available. With most injuries that occur in an automobile accident, seeing an orthopedic doctor is advisable. These doctors specialize in the care and treatment of orthopedic injuries which are common in automobile accidents. Since the PIP carrier will pick up the initial costs, it only makes sense to see a specialist.

Most insurance companies will negotiate property damage separately from medical injury. This allows you to negotiate recovery for the damage to your vehicle, without giving up your right to make a claim for your personal injury. Sometimes it can take six months to one year for people to recover from an accident, or reach maximum medical improvement. Most people are not in a financial position to purchase a new vehicle without making recovery from insurance for that loss.

In the event you recover money for your damages in a lawsuit, and the money you receive is duplicative of the medical payments that your PIP carrier paid, you are required to repay your insurance company the PIP payments. Health insurance companies are prohibited under a Kansas Commissioner of Kansas regulation from making a claim for subrogation for money they have paid in an automobile accident. Self-insured employers, however, are not subject to this regulation. Many large employers hire Blue Cross to administer their plan, but that does not change the character of the plan. Most self-insured employers have a written agreement they require their employees to sign, under which the employee agrees to pay back the medical out of any recovery in an automobile accident before attorney fees and costs being paid. Whenever you are considering settlement of a personal injury case, it is important for you to know whether you are going to have to repay anyone for medical bills or other expenses paid.

The Statute of Limitations in Kansas for a personal injury case is two years. Certain persons under disabilities, and children under the age of 18, have tolling provisions on when the Statute of Limitations runs. Nevertheless, it is always a good idea to try to seek compensation for your injuries as soon as you can properly assess your claim.

We handle personal injury cases on a contingency-fee basis. We give free consultations for personal injury cases.

--NOTICE: The information contained in this web site is intended to convey general information about Riling, Burkhead & Nitcher. This web site is not intended as an offer to represent you. We cannot accept representation in every case because of conflict of interest and other considerations. Should you choose to send e-mails to us you should be advised that this information is not considered to be confidential and does not create an Attorney/Client relationship. Information contained on this web site is for general information and should not be substituted for the advice of an attorney.-->

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