Whether you’re navigating busy streets in Wichita or driving long stretches of highway in rural Kansas, accidents can happen in an instant. Understanding how Kansas car accident laws work can help you make informed decisions after a crash. This guide explains key information about the state’s no-fault insurance system, legal deadlines, and how injured drivers and passengers can pursue compensation.
Kansas Is a No-Fault State
Kansas follows a no-fault insurance system, which means your own insurance pays for medical expenses and certain other losses after a crash—no matter who was at fault. This is covered under Personal Injury Protection (PIP). Every driver is required to carry PIP, which typically covers:
- Medical expenses
- Lost wages (up to a certain amount)
- Rehabilitation costs
- Funeral expenses, if necessary
However, if your injuries are serious, you may be able to step outside the no-fault system and sue the at-fault driver.
When You Can File a Lawsuit
You can pursue a personal injury claim against the at-fault driver if your injuries meet Kansas’s serious injury threshold, which includes:
- Permanent disfigurement
- Fracture of a weight-bearing bone
- Permanent injury or loss of a body function
- Over $2,000 in medical bills (if none of the above apply)
Once this threshold is met, you can file a liability claim or lawsuit to recover damages not covered by PIP, including pain and suffering.
Modified Comparative Fault Rule
Kansas uses a modified comparative fault rule with a 50% bar. If you are 50% or more at fault, you cannot recover any damages from the other party. If you are less than 50% at fault, your compensation will be reduced by your percentage of responsibility.
Example: If you are found 20% at fault and your total damages are $10,000, you would receive $8,000.
Required Auto Insurance in Kansas
Kansas law requires the following minimum auto insurance coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
- $4,500 per person in PIP coverage (minimum)
- Uninsured/Underinsured motorist coverage: $25,000 per person, $50,000 per accident
These requirements help ensure that both drivers and passengers have access to immediate medical coverage and legal remedies when needed.
Statute of Limitations for Car Accidents
The statute of limitations for filing a personal injury lawsuit after a car accident in Kansas is two years from the date of the crash. For property damage, you have three years to file a claim. If you miss the deadline, you may lose your ability to seek compensation, even if your case is strong.
When You Must Report a Car Crash
You are required to report a crash to local authorities if:
- The accident results in injury or death
- Property damage appears to be more than $1,000
You should always call 911 after an accident to make sure an officer documents the scene. The police report can play an important role in your insurance claim or lawsuit.
What Happens if the Other Driver Has No Insurance?
If the at-fault driver is uninsured, your uninsured motorist (UM) coverage can help pay for your injuries and damages. This is required under Kansas law. If the driver has some insurance but not enough, your underinsured motorist (UIM) coverage may kick in to cover the gap.
What Can You Be Compensated For?
Once you meet the serious injury threshold, you may be able to recover compensation for:
- Medical costs not covered by PIP
- Lost income and future earnings
- Pain and suffering
- Mental anguish
- Property damage
Punitive damages may also be awarded in rare cases where the at-fault driver was particularly reckless or intentionally caused harm.
Do Passengers Have the Right to File Claims?
Yes, passengers injured in Kansas car accidents can file claims for their injuries. In a no-fault claim, they would typically file under the driver’s PIP policy. If their injuries meet the serious injury threshold, they may also pursue a claim against the at-fault driver—whether that’s the driver of their vehicle or another one.
Why Legal Help Matters
While Kansas’s no-fault system aims to simplify claims, it can still be confusing—especially if your injuries are severe or if insurance companies push back. A car accident lawyer can help you determine if you meet the injury threshold, calculate your damages, and ensure you don’t miss important deadlines. Most offer free consultations and charge nothing unless they win your case.