Missouri has a fault-based insurance system. This means the at-fault driver is legally liable for the injuries and property damage they caused by driving negligently. Accident victims can enforce these rights by filing an insurance claim with the at-fault driver’s insurer. Victims can sue the driver if they lack insurance or the insurer denies the claim.
However, other systems can also be applied to your case. Three states neighboring Missouri have no-fault insurance. Kansas requires personal injury protection (PIP) coverage, Kentucky requires it unless the vehicle owner opts out, and Arkansas makes PIP coverage an optional add-on. Understanding how PIP works is important, even if Missouri drivers never buy it.
No-Fault Insurance
No-fault insurance guarantees benefits for everyone injured in a crash, regardless of who caused it. In other words, you can still get injury compensation in a no-fault state if you hit another vehicle in a distracted driving crash.
This happens because your auto insurance policy in a no-fault state includes PIP coverage. After a crash resulting in injuries, you can file a claim with your insurer. The claims adjuster only needs to verify that your injuries happened in a covered event, namely a car accident.
Your PIP benefits depend on your state of residence. In Kansas, for example, auto insurers pay up to $4,500 in medical benefits and up to $900 per month in disability benefits. This system has several advantages.
For instance, PIP claims are usually faster than liability claims because the adjuster does not need to determine fault. Since everyone receives basic benefits, victims typically do not file lawsuits for minor injuries.
However, there is a tradeoff. In exchange for guaranteeing injury compensation, the state restricts when crash victims can sue. In Kansas, an injured victim can only sue when they meet at least one of the following criteria:
- Death
- Permanent disfigurement
- Permanent injury
- Permanent loss of a bodily function
- Fracture to a weight-bearing bone
- A compound, comminuted, displaced, or compressed fracture
- At least $2,000 in medical bills
If you live in a no-fault state and meet its threshold for filing a lawsuit, you essentially have the same rights as someone living in a fault-based state like Missouri.
Is PIP Coverage Available In Missouri?
Missouri requires all vehicle owners to buy bodily injury liability (BIL), property damage liability (PDL) insurance, and uninsured motorist (UM) coverage.
BIL coverage pays other road users you injure when driving negligently. PDL insurance covers these parties for property losses caused by your negligent driving. BIL and PDL do not cover your losses from injuries or property damage. Missouri requires at least $25,000 in BIL per victim, up to $50,000 per accident.
UM coverage pays you when you get hit by a negligent driver without auto insurance. UM also pays when you get injured in a hit-and-run accident caused by the other driver’s negligence.
Missouri residents cannot purchase PIP coverage. However, they can buy a similar product called medical payments (MedPay) coverage. Medpay covers your medical bills after a car accident, regardless of fault. It does not pay income losses.
Auto Accidents Involving Out-Of-State Drivers
Insurance requirements only apply to a state’s residents. Thus, you do not need to add PIP coverage to your auto insurance policy when you cross from Kansas City, MO, to Kansas City, KS. States only require you to purchase new insurance if you move into the state.
Nevertheless, insurers must follow the terms of their policies regardless of where a car accident happens. Thus, it does not matter where a collision between drivers from Missouri and Kansas occurs. Instead, their rights depend on who caused the crash.
If a Missouri driver causes a crash with a Kansas driver, the driver from Missouri probably has no recourse to seek compensation. However, they are protected from claims by the Kansas driver up to their policy limits.
The Kansas driver has two options. First, they can seek compensation from their no-fault insurer under their PIP coverage. Second, they can file a claim with the Missouri driver’s insurer asserting negligence.
Conversely, if the Kansas driver caused the collision, they receive no-fault benefits for their injuries under their PIP coverage but have no liability claim against the Missouri driver. The Missouri driver can seek compensation from the Kansas driver’s insurer under the liability coverage required in Kansas.
The Role Of A Lawyer After A Crash
One of the most important services a lawyer provides after a crash is analyzing the insurance coverage in the policies for you and the other driver. The attorney identifies all your options for seeking injury compensation, including claims under your policy if available.
However, since Missouri does not use PIP coverage, you will probably need to pursue a liability claim against the at-fault driver. Contact a lawyer to get more information about these claims and to learn how to recover injury compensation. Call Roach Law Car Accident Lawyers today at (636) 519-0085 for a free consultation.
