Legal Question in Personal Injury in Kansas

I was in a wreck with an uninsured driver. My medical bills were about $5,000. My insurance company paid $4500 of the hospital and doctor bills under my PIP provision.

Since the other driver is uninsured, can I collect under my uninsured provision for a) the rest of the medical bills 2) lost wages and 3) pain and suffering?

There is a PIP lost wages cap of $800/month, does this apply to uninsured coverage?

It the limit on pain and suffering and past / future medical the $25,000 liability limit?

Thanks


Asked on 9/26/11, 1:18 pm

2 Answers from Attorneys
Jim Wisler James L. Wisler Law Offices

Under Kansas law you can collect from your own carrier for your damages caused by an uninsured driver. Your damages are your medical bills past and future, lost wages past and future, and non economic damages, past and future. Non-economic damages includes pain and suffering, disfigurement, loss of enjoyment of life and other intangible losses.

The PIP cap does not apply to uninsureed coverage. There is no limit on medical and lost wages. The limit on pain & suffering is now $250,000 but this issue is on appeal in the Kansas Supreme Court.

I suggest you discuss with a competant and experienced personal injury attorney. Let me know if we can be of assistance. No charge for initial consultation.

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Answered on 9/26/11, 1:29 pm
Timothy Price Timothy P. Price, PC

I am a trial attorney licensed in Missouri and Kansas. I am very familiar with insurance issues, having previously been a partner at a well known insurance defense firm. Let me know if I can be of assistance to you. No charge for initial consultation. I can be reached at 816-380-3331.

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Answered on 9/26/11, 2:22 pm


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