Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 2, 2010

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Insurance Question from Topeka, KS

Asked on 06/02/2010

i was injured in auto accident as a passenger in friends car,no fault state, i did not have auto insurance on my car at this time,what happens to me? i am injured from this accident, most likely have a permanent disability from this wreck, will i be able to collect settlement from drivers insurance company, what happens to me now?

Answer given on July 23, 2010

First, since KS is a no-fault state, your own PIP coverage is the first in line to pay your medical bills.  If you did not have any coverage for yourself, next would be insurance carried by any member of your household.  If no one in your household has insurance, then the driver’s policy will cover your medical bills under PIP.

 

In KS, you are able to collect for pain and suffering if your medical bills are over $2000, or if your injuries include permanent disfigurement or loss of bodily function, fracture to a weight bearing bone, compound or compressed fracture, loss of a body part or death.  If you meet these criteria, I would advise you to consult a lawyer to review your options for recovering damages.  It’s usually a good idea to meet with a few different attorneys, and go with the one you feel most comfortable with.  The initial consultation should be free, and the lawyer’s fees should be a percentage of your settlement – you should not have to pay anything up front.


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