Guess who had no idea there was a significant, financial risk if you’re struck by a drunk driver in the state of Kansas?  This guy.  You probably didn’t know that either, unless you’re a lawyer or have been a victim.  Kansas laws financially protect drunk drivers and their insurance companies from paying the full amount of medical expenses while penalizing those who are injured. 

Injury attorney commercials have been part of television and radio commercials for decades.  They usually match used car dealerships on cheesiness and have the frequency of the latest miracle prescription.  Here is what you may not know:  if you have injury expenses in Kansas that exceed $4,500, you will need to lawyer up to have your expenses paid*1.  It doesn’t matter if the other driver was at fault, even in DUI cases.  Shocking?  We’re just getting started….

Kansas is defined as a “no-fault” state, which means that you file your injury claim with your own insurance company under “personal injury protection” (aka “PIP”) coverage.  Approx. 11 other states are “no-fault” as well.  “No-fault” might make sense in a case where responsibility is hard to establish, but unfortunately, this also includes DUI cases where motorist as arrested at the scene.  Your current coverage amount is likely only $4,500, unless your agent convinced you to opt-in for additional coverage (lesson learned).  And all those traffic cameras?  Those won’t help you out either.  In my case, the driver had a blood-alcohol level at nearly 4 times the legal limit and the traffic camera shows him nailing me from behind without slowing down.  In Kansas, the law still defines this as “no-fault”, unless you are killed and then they classify it as “vehicular manslaughter”.

Although my car was totaled, I walked from the car wreck and I’m grateful that my family was not travelling with me that night.  Thankfully, I have all of my limbs intact and was not paralyzed…or worse.  Car accident victims in Kansas are limited by liability coverage caps.  The minimum “bodily injury liability” coverage required is $25,000 with the average motorist covered at $100,000.  This is where I feel horrible for those who have more significant injuries than mine.  If your medical expenses exceed that of the insured motorists’ coverage, you are out of luck pal.  Oh, and that attorney you need will cost you at least 35% of your payout if you are able to settle out of court.  Your attorney’s take will cost you at least 45% if the case goes all the way to a jury.  For example, let’s say you are struck by a drunk driver who has $100,000 of bodily injury liability coverage and you have $150,000 worth of medical expenses.  If your claim is settled out of court, you’ll receive $65,000 compensation after paying your attorney and $55,000 if it goes to a jury.  WOW.  This also assumes that the insurer settles out of court at the maximum.  Insurers are known for low-balling in hopes that you’ll take that lower amount to close out the claim.  (Side note:  Hi State Farm!).  The insurers know your attorney expenses will go up if it goes to court, so they bully you into caving. 

What if you have future medical expenses?  Your attorney will build those into your claim, but it is still subject to the same caps.  Your claim will include current and estimated future expenses.

And finally…. when it comes time to settle, the insurance company will require you to sign a disclosure stating that you will not sue the drunk motorist or pursue future litigation.

My settlement was paid out at less than 25% the valuated claim, due to the maximum.  No, we’re not talking about a crash grab here—we’re talking about medical expenses that would be covered by the insurer if the motorist had more coverage.  We’re not talking about lavish vacations to Fiji or new cars, we’re talking about medical expenses.  Also keep in mind that I passed on surgery which would have been much more costly than my current level of expenses.  I cannot pursue the driver or his family personally, but the settlement is likely larger than his total assets to begin with.  The point of this entry is to draw attention to ridiculous laws, not my individual situation.  I’ll find a way to be ok.

At one point I was considering a civil suit against his employer.  The accident occurred blocks away from the country club where he was employed as the club pro and was wearing polo with the country club’s logo that evening.  The accident occurred at 7:30pm, so there is *possibility* that he was leaving work after some heavy drinking in the club house.  His blood-alcohol level was at .30% at the time of the accident so it is also *possible* that he was pounding drinks for several hours before hitting me.  Add to that, the judge and prosecutor severely dropped the ball in this case causing me to speculate on the possibility of collusion.  I wrote about that debacle back in August.  You can click here to read that entry, including how the driver’s penalty was only $750 (plus $800 “court cost”) and 6 months of probation.   I decided to let that go—I am planning to rebuild my body through fitness, rehab work and cryotherapy.  I’ll find a way to get better.  Knock me down and I’ll get back up; stronger this time.

I feel for those who have lost more than me.  I’ll never be 100%, but there are many who are paralyzed, have lost limbs or have other severe limitations.  My heart breaks for those living in daily pain and with no capabilities of paying their bills.  I feel terrible for those who had their lives severely impacted while insurance companies are shielded by laws that put the financial responsibility burden on the victim.  Isn’t the pain enough of a penalty? 

I hope that this entry crosses paths with a few elected officials in the state of Kansas.  It’s time to hold drivers accountable instead of penalizing individuals who are injured.  Drunk driving accidents should be excluded from Kansas’ “no fault” rules.  If you find the no-fault laws troubling, I encourage you to reach out to your state representative or contact the Kansas Insurance Department (Email:  kid.commissioner@ks.gov  Phone:  785-296-3071). 

*1  Source:  Kansas Insurance Dept website