1. Medical Benefits. Your automobile insurance carrier is required to pay your reasonable and necessary medical expenses up to a limit of not less than $4,500 unless you purchased additional coverage. These benefits include health care by a wide variety different practitioners. In limited situations, another vehicle's insurance may be available to you. A consultation with an attorney can help you determine what insurance coverage is available to you and what type of treatment is covered.

2. Disability Benefits. If you miss any work because of your injuries, you are entitled to 85 percent of your lost earnings, up to a maximum of $900 per month for up to one year. You may be able to collect these benefits even though your employer continues to pay your salary as sick leave, or you take the time lost as vacation days. You must have medical proof that your disability was caused by the injuries you sustained in the motor vehicle accident in order to qualify for these benefits.

3. Substitution Benefits. If because of your injuries you have to hire someone to help with certain household tasks such as housework, lawn raking, snow shoveling, etc. that you would normally do for yourself or your family, you may be reimbursed for these services, up to $25 a day for not longer than a year. Unfortunately, this isn't nearly enough to compensate most people you would hire for these services, but is the maximum allowed by standard PIP benefits. In order to qualify for these benefits, you must have proof from a medical provider that you require assistance and submit receipts for the amounts you pay to people who perform these services for you.

4. Rehabilitation Benefits. If because of your injuries you need occupational training or retraining to obtain suitable employment you may qualify for these benefits, particularly if you need to be retrained for a different job. These benefits are payable up to a maximum of $4500.

6. Funeral Benefits. When a person dies as a result of a motor vehicle collision for which there is No-Fault Insurance in effect, the insurer is responsible for paying a death benefit towards funeral expenses up to a maximum of $2000.

Kansas law provides that your no-fault insurer has 30 days to make payment on all valid claims presented to them. This means that the insurer should be notified as soon as possible of your claim, because of the time it takes to process bills, wage loss and other benefits. If the insurer fails to pay within 30 days, it may be assessed an 18 percent per year interest penalty on the amounts unpaid plus your attorneys fees if you have to file suit to recover.

Kansas No-Fault Insurance policies require that you "cooperate" with your insurer in order to receive No-Fault Benefits. This may include attending a medical examination by a doctor of their choice. If their doctor decides that your medical treatment has been excessive, unnecessary, or unrelated to your collision, your insurance company may refuse to make further payments to your doctors and send you a notice to that effect. Also, the insurance company doctor may make recommendations about your need for wage loss benefits and other benefits, which could result in the termination of your No-Fault Benefits.

Because of the complexities involved in pursuing a No-Fault claim, and because the processing of a No-Fault claim may have an effect on any personal injury claim you have against someone else, you should discuss your claim with an attorney as soon as possible after you are injured in a motor vehicle collision. The attorney can monitor your No-Fault claim to make sure you are getting the benefits you are entitled to under your automobile insurance policy.

Dwyer, Dykes & Thurston, L.C. practices in the areas of No- Fault litigation and other areas. There is no charge and no obligation to discuss your matter with one of our attorneys.

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