Kansas Car Accident Compensation Laws

Kansas laws make filing a car accident claim confusing for some. Everyone wants fair compensation for serious injuries and property damage, but you must file with the right insurance company at the right time.

Unlike most states, Kansas is a no-fault state for auto accident claims. In Kansas, accident victims file with their own insurance companies before they can claim against the at-fault driver. Kansas has other laws on how fault can affect your car accident compensation.

Making personal injury claims in the state of Kansas needs the help of a car accident attorney. This article reviews other information about Kansas insurance laws.

Kansas Car Accident Laws

Kansas is one of the few no-fault insurance states. Drivers must file accident claims with their insurance policies before filing against the other driver's insurance company. Kansas requires all licensed drivers to have auto insurance coverage with:

• Minimum liability coverage of $25,000 per person/$50,000 per collision and $25,000 property damage. You may see this as 25/50/25 on a policy or insurance card.
• Personal injury protection (PIP) coverage of $4500/person medical costs, $4500 rehabilitation expenses, $25/day in-home care, $900/month lost income, and $2,000 for last rites in case of death.
• Uninsured/underinsured motorist coverage (UI/UIM) of $25,000 per person/$50,000 per collision.

After a car accident, victims file claims with their own insurance using the PIP coverage. If they exhaust their PIP benefits and have a serious injury, they can file a claim or lawsuit against the other driver's insurance. A serious injury, in this case, means:

• Permanent injury or disfigurement
• Permanent loss of a body function
• Fracture of a weight-bearing bone

Kansas has strict damage caps in car accident cases. The article discusses these below.

Comparative Negligence

Kansas follows a modified comparative negligence system. Insurance companies can show that both drivers were partially at fault in the accident or the injury in many accidents. Modified comparative negligence lets a driver recover even if they were partially responsible for their own injuries.

Under Kansas law, a driver who is 50% or more at fault can't recover any compensation in the case. Drivers must be 49% responsible or less to recover. The percentage of fault reduces the maximum compensation. These complex calculations are best left to a skilled personal injury lawyer.

Damages and Limits

There are two types of damages you can recover following a car accident. Economic damages include the cost of medical bills, lost wages, and property damage caused by the car crash. Non-economic damages are less tangible injuries like pain and suffering, emotional distress, and disability and disfigurement.

Policy limits restrict your economic damages. Generally, your insurance policy will not pay more than the stated policy amount. If your bodily injury insurance maxes out at $100,000, you can't claim more.

State law caps non-economic damages and adjusts the cap upward for inflation (as of 2024); the amount is $350,000.

Claimants must request punitive damages in a special claim appended to the original lawsuit (Kansas state statute § 60-3703). The claimant must show that they suffered harm caused by the defendant's willful and malicious behavior.

Time Limits

The statute of limitations (time limit) for personal injury claims, including car accident injuries, is two years from the accident date. Since you must file a claim with your own insurance company and the other driver's insurance, two years is not much time. Even if you have no plans to file legal action, you should discuss your options with a car accident lawyer after your accident.

Wrongful death has a statute of limitations that runs for two years from the date of the person's death. Any family member may file a wrongful death suit.

Get Legal Advice from a Kansas Personal Injury Lawyer

The short time limits, insurance requirements, and complex comparative fault rules need a careful hand to navigate. The average accident victim should not try to manage their own case without help from an experienced Kansas motor vehicle accident attorney.