How to Handle Your Medical Bills After a Kansas Car Accident

After a car accident in Topeka, Kansas, the priority should be to get immediate medical care and start the recovery process for any injuries suffered.
However, thoughts will inevitably soon turn to “Who pays for all this?”

Medical bills can stack up quickly and may be substantial, not to mention other economic losses, such as lost earnings, as well as non-economic losses, such as pain and suffering.

Here’s what you need to know about seeking compensation for medical bills and other losses associated with injuries from a car accident in Kansas.

After being injured in a car accident, you may face medical bills from many different sources:

• Ambulance or medical evacuation expenses.
• Emergency medical care (ER expenses).
• Doctor’s appointments.
• Hospital stays.
• X-rays, MRI scans, and other diagnostic procedures.
• Surgical procedures.
• Prescription medication.
• Follow-up appointments.
• Physical therapies.
• Psychotherapy for PTSD after a serious accident.

These costs can mount up quickly, and someone will eventually need to pay.

You can receive some immediate assistance from your PIP insurance policy, regardless of who was at fault (more about this below). However, if serious injuries were caused by the negligence or carelessness of another party, you may need to prove liability before that party’s insurance company picks up the entire tab.

Many accident victims are not in a physical or mental condition to be able to handle this process. It is common, therefore, to hire a personal injury lawyer to manage the process on their behalf. Getting the medical expenses paid will be a priority but the focus will soon shift to recovering other losses, which may be significant.

Kansas is a ‘no-fault’ state for car injury coverage. Anyone injured in a car accident in the state can receive financial assistance under their Personal Injury Protection (PIP) insurance policy, which will cover certain losses, including most medical bills, regardless of who caused the collision.

PIP insurance is mandatory in Kansas. Every auto insurance policy sold in Kansas must include at least $4,500 in coverage for medical expenses. However, strict limits apply to medical expense claims.

In cases of serious injury, where the medical bills are higher than those covered by PIP, an injured party may seek damages through other avenues, such as their health insurance policy (if they have one) or through a third-party insurance claim.

This generally complicates matters, and legal experience is often required, especially if a lawsuit needs to be filed against the at-fault driver.

Accidents with uninsured or underinsured drivers can become even more complex. PIP insurers sometimes offer limited cover for these eventualities but drivers should check their policies.

If you’re injured in a car accident, you should notify your insurance company as soon as possible.

Provide basic information about the accident. In all but the most straightforward cases, it’s best not to provide detailed statements about fault or causes of the accident without first speaking to a Topeka personal injury lawyer.

Retain copies of the police accident report and any photos of the accident scene, as well as all medical bills, treatment records, and any employment records showing missed work. This is all potential evidence that will help prove the total value of your losses.

Third-party claims in Kansas car accidents

If your injuries result in medical expenses that exceed $2,000 or you’ve suffered a qualifying permanent injury, you can step outside the no-fault system to file a third-party claim to recover the remainder of what you’re owed from the insurance company of the at-fault driver.

Kansas follows ‘modified’ comparative negligence rules. You can file a third-party claim even if you were partly at fault for the accident. That applies provided your portion of the fault did not exceed 50%. Your compensation will be reduced by your percentage of fault.

If, for instance, you are deemed to be 25% at fault for the accident and the total compensation award is $50,000, you would receive 75% of that, which is $37,500.

This avenue allows you to seek fuller compensation for damages rather than just the cost of medical bills, etc. Third-party claims can include damages for:

• Pain and suffering.
• Long-term medical treatment.
• Reduced earning ability in the future.

Most third-party claimants require legal assistance to ensure they maximize their claim and receive a timely payout. Otherwise, insurance adjusters may make life difficult for claimants.

Dealing with insurance adjusters in Kansas

Insurance adjusters aim to protect the insurance company from ‘unnecessary’ or ‘inflated’ claims. Their interests are in direct competition with those of car accident victims. Adjusters usually ask questions to try to shift some of the fault for the accident away from their client, thereby minimizing the payout.

Claimants also often receive a quick settlement offer from the third-party insurance company. Although it can be tempting to say “Yes” to the offer of immediate financial assistance, it’s best not to sign any settlement without asking a lawyer to review it. The offer will likely be less than the true value of your claim.

Some accident victims need long-term medical care or rehabilitation, and need to claim lost wages for time off work. The true value of these losses only becomes apparent later. If you sign the settlement, you will waive your right to claim for these and any other additional expenses that arise in the future.

The best approach is to politely decline the offer and keep any answers to questions brief and factual until you have spoken with a lawyer.

Medical care is the initial priority after a car accident. Even if you feel uninjured, it is important to protect yourself by seeking a comprehensive medical check. Sometimes, injuries are delayed and only become apparent many hours or even days after an accident.

Once you have been checked by a medical professional and, if necessary, treated, you can continue to protect your legal rights by:

• Reporting the accident to your insurer.
• Keeping all records relating to your treatment, including prescriptions, therapy sessions, and follow-up visits.
• Following doctor’s orders as you recover from the injuries.
• Obtaining a copy of the police report.
• Reviewing your insurance policy to understand the limits of your PIP coverage and other applicable benefits.
• Documenting the impact of your injuries on your life.

The most important way to protect yourself after a car accident in Kansas is to seek legal advice about your options, the potential value of your claim, and how you can maximize your financial recovery.

This is especially important if a third-party claim is necessary, as you may need to file a lawsuit against a negligent or reckless party for causing the accident that led to your injuries.

Most claims are settled out of court, without the need for a trial, but it can take some time. Your personal injury lawyer should be prepared to litigate to ensure the at-fault driver is held accountable.

If you’re in the Topeka area and have been involved in a car accident, speak to a personal injury lawyer at Irigonegaray & Revenaugh, during a free case evaluation. We will advise you of your legal options and how best to protect your legal rights and maximize your claim.