Car accident injury claims in Kansas

Kansas at a glance

Fault rule

Modified comparative — 50% bar

You can recover only if you were less than 50% at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

Mandatory KAIRA PIP package (K.S.A. § 40-3103, STACKED not combined): Medical $4,500; Rehabilitation $4,500; Funeral $2,000; Disability $900/month; Survivor's $900/month; Substitution services $25/day × 365 days ($9,125). Wage rule 100% taxable / 85% non-taxable.

Threshold to step outside no-fault

Applies

Mandatory (NOT election-based) § 40-3117 tort threshold for noneconomic damages: clear ONE of (a) medical expenses ≥ $2,000; (b) permanent disfigurement; (c) fracture of weight-bearing bone; (d) compound/comminuted/displaced/compressed fracture; (e) loss of body member; (f) permanent injury within reasonable medical probability; (g) permanent loss of bodily function; or (h) death. Economic damages recoverable without clearing threshold.

Minimum liability coverage

25/50/25 ($25K BI per person / $50K BI per accident / $25K PD) under K.S.A. § 40-3107, plus mandatory KAIRA PIP package (§ 40-3103) and mandatorily-offered UM/UIM at 25/50 (§ 40-284, written rejection required).

Time limit for an injury claim

2 years

Generally measured from the date of the accident.

How fault works in Kansas

K.S.A. § 60-258a (Kansas Comparative Fault Act). Contributory fault does not bar recovery if the claimant's fault is LESS THAN the causal fault of the defendant(s), but reduces recovery by the claimant's fault percentage. Plaintiff at exactly 50% or above recovers $0; plaintiff at 49% recovers 51%. KS joins the stricter "less than 50%" cluster (AR/CO/GA/KS/ME/ND/OK/TN/UT), distinct from "not greater than 50%" states (OH/IL/MA/MN). § 60-258a also uses several liability for most defendants (each liable only for proportional share).

Paying for injuries in Kansas

Kansas is a MANDATORY no-fault state under KAIRA (K.S.A. § 40-3101 et seq.). § 40-3107 mandates every auto policy "include" PIP "as prescribed"; the component dollar caps live in § 40-3103 (verified verbatim on ksrevisor.gov): Medical $4,500; Rehabilitation $4,500 (distinct); Funeral $2,000; Disability $900/month; Survivor's $900/month; Substitution services $25/day × 365 days ($9,125). Components are STACKED, not combined — claimants are entitled to MULTIPLE caps simultaneously. Wage rule: 100% taxable / 85% non-taxable. Paid regardless of fault (§ 40-3108). The § 40-3117 tort threshold (mandatory, NOT election-based) gates noneconomic damages: $2,000 medical OR verbal categories (weight-bearing-bone fracture; compound/comminuted/displaced/compressed fracture; permanent disfigurement; loss of body member; permanent injury; permanent loss of bodily function; death). § 40-3110 charges 18%/yr automatic interest on overdue PIP benefits. PIP subrogation under § 40-3113a.

Kansas injury claims — common questions

Is Kansas a no-fault state?

Yes. Kansas is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.

What is Kansas's fault rule for a car accident?

Kansas follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.

How long do I have to file an injury claim in Kansas?

In Kansas the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.