When can my insurer assert a PIP lien under K.S.A. 40-3113a?

After you obtain a third-party recovery from the at-fault driver or their insurer. The carrier may then seek reimbursement from your settlement for PIP benefits previously paid.

How can a PIP lien reduce my settlement?

If asserted and not negotiated, the lien is repaid from your settlement proceeds, which lowers your net recovery and may reduce funds available for ongoing care, rehab, or pain-and-suffering.

How can a lawyer help with a PIP lien?

An attorney can demand a detailed lien itemization; remove non-reimbursable or duplicate charges; apply lawful reductions (such as proportional attorney-fee and cost sharing); leverage case facts like limited policy limits or disputed causation; and sequence settlement documents to avoid locking in an inflated lien.

What should I do before signing a release or accepting a check?

Confirm whether a PIP lien will be asserted, obtain and review the lien itemization, and get legal advice on strategies to reduce or waive the lien before finalizing any settlement paperwork.

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Personal Injury

What is a PIP Lien?

Q: What is a PIP lien in Kansas?

A PIP lien (also called a reimbursement or subrogation claim) is your insurer’s right to be paid back for Personal Injury Protection benefits it already covered—typically medical expenses, rehab, and wage loss—after you recover money from the at-fault driver via settlement or verdict, under K.S.A. 40-3113a.

Q: Can a Kansas PIP lien be waived or reduced?

Often, yes. Depending on the facts, documentation, and applicable law, a PIP lien can sometimes be reduced or waived through negotiation, lawful reductions, or challenges to unsupported charges.

August 17, 2021

If you were hurt in a Kansas car accident, Personal Injury Protection (PIP), our state’s no-fault insurance, can pay immediate medical bills and wage loss no matter who caused the crash. But there’s a catch many drivers don’t see coming: your insurer may later demand reimbursement from your settlement. If you’re facing a PIP lien or expect a payout from the at-fault driver, talk to us before you sign anything. Call GroverLawKC at 913-432-1000 for a free consultation.

What Is a PIP Lien in Kansas?

A PIP lien (also called a PIP reimbursement or subrogation claim) is your insurance company’s right to be paid back for PIP benefits it already covered, typically medical expenses, rehab, and wage loss, once you recover money from the at-fault driver (settlement or verdict). Under Kansas no-fault law (K.S.A. 40-3113a), the insurer can assert this claim after your third-party recovery, which can reduce your net settlement if it isn’t handled correctly. In short: PIP helps you up front, but the carrier may seek repayment later unless the lien is challenged, reduced, or waived.

Example: How a PIP Lien Can Reduce Your Settlement (Kansas)

You’re driving to work when a driver runs a red light and crashes into your vehicle. You’re taken to the ER, and your PIP (no-fault) benefits pay the immediate medical bills and wage loss. Months later, you settle with the at-fault driver’s insurer. Under Kansas law (K.S.A. 40-3113a), your PIP carrier can assert a PIP lien, a reimbursement/subrogation claim, against that settlement for the PIP benefits already paid. Result: your net recovery drops unless the lien is challenged, reduced, or waived.

How this plays out step-by-step:

Crash & treatment: ER visit, imaging, follow-ups; PIP pays medical expenses and lost wages.
Third-party settlement: You recover from the at-fault driver (or their insurer).
Lien assertion: Your PIP insurer invokes K.S.A. 40-3113a to reimburse itself from your settlement.
Your take-home shrinks: Without negotiation, the PIP lien can cut into funds for ongoing care, rehab, and pain-and-suffering.
What a lawyer does: Demand a detailed lien itemization, apply reductions (e.g., attorney-fee/common-fund offsets), challenge unsupported charges, and push for a waiver or reduction so more money stays with you.

Every Kansas car accident case is different. Insurance policies, injuries, and PIP lien rights vary—and the wrong move can cost you thousands. For a strategy to reduce or waive a PIP lien before you sign any release, call GroverLawKC at 913-432-1000 for a free consultation.

Can a Kansas PIP Lien Be Waived or Reduced?

Yes, an experienced Kansas personal injury attorney can often reduce or even waive a PIP lien so more of your car accident settlement stays with you. After a Kansas crash, your PIP (no-fault) insurer may assert a reimbursement claim under K.S.A. 40-3113a. The right strategy and documentation can materially lower the lien amount.

How a lawyer helps with a PIP lien (high-impact steps):

Demand a detailed itemization of all PIP-paid benefits (medical bills, wage loss, rehab) and remove non-reimbursable or unsupported charges.
Apply lawful reductions (e.g., pro-rata attorney-fee/cost share, negotiation offsets) so the insurer doesn’t take a free ride on your recovery.
Challenge duplicates and write-offs (provider discounts, coding errors, secondary insurance payments).
Leverage case facts (limited policy limits, comparative fault disputes, disputed causation) to argue for a voluntary reduction.
Sequence settlement correctly so releases and checks don’t lock in an inflated lien.

Bottom line: PIP liens are negotiable. Before you sign any release or accept a check, get a plan to reduce or waive the PIP lien.

Free Case Review: Call GroverLawKC at 913-432-1000 to talk with Mark Grover about your Kansas PIP lien and how much you may be able to keep from your settlement.