By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last updated December 09, 2022
If you're in an accident in the state of Kansas, you'll want to learn about the laws in the state concerning car accident compensation.
Continue reading for more information about laws related to compensation following car accidents in Kansas.
Below, you'll find a chart laying out Kansas' car accident compensation laws, followed by an in-depth look at some of the key elements.
Statute of Limitations |
Two years (Kansas Statute of Limitations) |
|---|---|
Limits on Damages |
Caps are set in the following ways for causes of action accruing:
|
| Other Limits
|
You'll find more information about how the state uses a comparative fault standard by reviewing the relevant statute. |
Kansas is a rare jurisdiction in that it employs "no fault" car insurance and accident compensation laws. For car accidents in Kansas, drivers are required to file a claim with their own insurance first, using the state-required "personal injury protection (PIP)" coverage. Drivers are only allowed to go beyond their own insurance and seek compensation from the other driver if they have exhausted their own coverage and have suffered a serious injury. Under Kansas law, a "serious injury" is defined as:
Should your case meet the requirements for serious injuries, you'll want to be aware of Kansas's "modified comparative fault" rules as well. At trial, a judge or jury calculates percentages of fault for each driver. They then reduce each driver's liability accordingly.
For example, if a driver suffers $10,000 in damages, but is found to be 10 percent at fault, their recovery will be limited to 90% of their damages. Under these circumstances, that amount would be $9,000. A driver who is 50% or more at fault cannot recover any damages.
Car accident damages are typically labeled as economic damages and non-economic damages.
Economic damages include lost wages from missing work, repair or replacement of your vehicle, past and future medical expenses, and other out-of-pocket expenses.
Non-economic damages cover things like pain and suffering, emotional distress, and disability or disfigurement.
Examples of damages that result from car accidents include:
In addition to the "no fault" insurance rules that may prohibit you from bringing a claim in court, and the comparative fault rules that reduce your damage award, there are other limits that must be dealt with in Kansas.
The first, and often most strict limit, is the time limit for filing a legal case. This is known as the statute of limitations. In Kansas, you have two years for personal (bodily) injury claims, wrongful death, and property claims. If you miss this deadline, your case is likely doomed, so it's important to consult with an attorney early in the process to make sure you don't miss the cutoff.
The other major limit is the Kansas cap on non-economic damages, which was upheld narrowly by the Kansas Supreme Court in 2012. The cap has since been modified by statute to adjust upward over time, as was also covered in the table above:
As you can see, Kansas has some pretty significant obstacles to filing car accident lawsuits. The strict time limits, damage limits, and rules on no fault insurance and comparative fault can be devastating to your claim if they are not carefully navigated. Eliminate the guesswork by getting in touch with a Kansas motor vehicle accident attorney today.
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