Who will pay my medical bills?

The party at fault in causing your accident should pay for all of your medical bills and other damages. However, at first you may need to process your bills through your own insurance policies.

In Kansas, the law provides for payment of medical expenses under every automobile insurance policy in at least the amount of $4,500.00 per person. These payments are made regardless of who was at fault. In Missouri, you may have medical payments coverage under your own automobile policy. You are entitled to be paid up to the amount of your medical pay coverage for these bills even if they have been paid by other incurance coverage. Payments under that coverage are also made regardless of fault and up to the limits of medical payment coverage you purchased in your policy. You may also be able to obtain payment of your bills under other medical or hospital insurance coverage. If you have no insurance, some doctors may be willing to treat you if you or your attorney will agree to pay the doctor when settlement is made on your case.

Should I give a statement?

Insurance companies frequently attempt to take written or recorded statements from all people involved in automobile accidents. It is a good idea to talk to a lawyer before deciding whether to provide such a statement. The information you provide in that statement can be used against you in a court of law.

If your injuries are serious or if there are difficult questions regarding who caused the accident, you should definitely talk to a lawyer before talking to a claims adjuster or providing a written or recorded statement to the adjuster.

What is my claim worth?

The person at fault in causing the accident is responsible for all of your damages, including medical bills, lost wages and pain and suffering. However, if you were also partly at fault, your damages may be reduced by your percentage of fault, and in Kansas, you cannot recover any damages if you are 50% or more at fault in causing the accident.

The value of your claim is affected by the seriousness of your injury, whether your injury will have long lasting or permanent effects and whether it will limit your daily activities or wage earning capacity.

The extent of your medical expenses and lost wages are easy to determine, but it is more difficult to fairly determine and prove the full value of your future lost earnings, your disfigurement and your pain and suffering. In Kansas, no damages may be recovered for pain and suffering unless you require at least $2,000.00 in necessary medical expenses or the injury involves permanent disfigurement, broken bones, permanent injury or death.

Ultimately, a case is worth what a jury will award. This varies greatly and to some extent takes into account factors not even directly related to the automobile accident itself.

An attorney experienced in handling personal injury claims can help you receive fair and just compensation for all your losses.

Whose insurance company is responsible for my damages?

Generally, the insurance company who insures the party at fault is responsible for paying the damages caused by the accident. If the party at fault is not insured your insurance company, may be responsible under your uninsured motorist coverage. Also, your policy may provide for underinsured motorist protection which provides coverage if your damages exceed the insurance limits of the other driver. It is a good idea to review your insurance policies regularly and make sure you have adequate liability and uninsured and underinsured liability limits so you will be fully protected.

Also, even if you were at fault in causing the accident, you still may be able to obtain payment of your medical bills under your medical payments or PIP coverage. Your lost wages may be payable under your PIP coverage in Kansas.

The damages to your car should be covered by the other driver's insurance if he was at fault or by your insurance if you were at fault and you have collision or comprehensive coverage.

Do I need a lawyer?

If you or a family member have been seriously injured in an automobile accident, you should talk to an experienced lawyer. You should also talk to an experienced lawyer before you sign anything or provide a written or recorded statement to any claims adjuster. In cases involving only property damage or minor injuries, you may not need an attorney, but even in those cases you still might want to talk to an attorney about your legal rights and make sure your questions are answered.