Kansas Car Accident Settlement Calculator
In Kansas, you generally have 2 years to file an injury lawsuit, you recover nothing at 50% fault or more, and drivers must carry at least $25,000/$50,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a Kansas claim may be worth and what you would actually take home.
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Kansas rules in 30 seconds
Details & exceptions
Kansas uses modified comparative fault: an injured person can recover only if their negligence is less than the causal negligence of the parties they are suing (so 49 percent or less), and damages are reduced by their percentage of fault. At 50 percent or more, they recover nothing.
Details & exceptions
K.S.A. 60-513(a)(4): 2 years for 'an action for injury to the rights of another, not arising on contract' (bodily injury from negligence). 60-513(a)(2): 2 years for 'taking, detaining or injuring personal property.' Wrongful death: 2 years (60-513(a)(5)). Claims against a municipality (city, county, etc.) under the Kansas Tort Claims Act: a written notice of claim must first be filed with the clerk or governing body (K.S.A. 12-105b(d)). Suit may be filed after denial or 120 days, and the limitations period is extended so the claimant has at least 90 days after denial to sue. Kansas Tort Claims Act liability of a governmental entity is capped at $500,000 per occurrence (K.S.A. 75-6105(a)).
Details & exceptions
Property damage minimum: $25,000. K.S.A. 40-3107(e): not less than $25,000 for bodily injury to or death of one person, $50,000 for two or more persons in one accident, and $25,000 for property damage in one accident. 2016 HB 2446 (L. 2016, ch. 72) raised the property damage minimum from $10,000 to $25,000 for policies issued or renewed on or after January 1, 2017; the 25/50 bodily injury limits were unchanged (per the Kansas Legislative Research Department supplemental note). The effective date shown applies to the property damage increase. HB 2446 also calls for legislative review of the minimums starting with the 2026 interim and at least every ten years after. A 2018 bill (HB 2104) to raise bodily injury minimums to 50/100 was not enacted; the current statute text still reads 25/50/25.
Details & exceptions
Under the Kansas Automobile Injury Reparations Act, an injured person can sue the at-fault driver for pain and suffering (noneconomic loss) only if the medical treatment has a reasonable value of $2,000 or more, or the injury is permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of a bodily function, or death (K.S.A. 40-3117). Required PIP (K.S.A. 40-3103, 40-3107(f)): medical expenses at least $4,500 per person; disability (lost income) at least $900 per month for up to one year; rehabilitation at least $4,500; substitution benefits up to $25 per day for up to 365 days; funeral up to $2,000; survivors' benefits at least $900 per month for up to one year. The pip_minimum shown is the $4,500 medical benefit. A motorcycle owner may reject PIP in writing (40-3107(f)).
Details & exceptions
No general cap for typical car accident injury claims. K.S.A. 60-19a02 still appears in the statutes and caps noneconomic damages in personal injury actions ($350,000 for causes of action accruing on or after July 1, 2022). However, in Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 442 P.3d 509 (2019), itself a vehicle-collision injury case, the Kansas Supreme Court held the cap violates the right to jury trial in section 5 of the Kansas Bill of Rights and overruled Miller v. Johnson (2012). So the cap is not enforced in ordinary auto injury cases. No legislative fix or constitutional amendment restoring the cap was found through 2026. A 2026 bill (SB 413) to bar lawyers from suggesting noneconomic damage amounts to juries did not become law (kslegislature.gov lists it as 'Died'). Exceptions still in force: wrongful death nonpecuniary damages are capped at $250,000 in the aggregate (K.S.A. 60-1903); Hilburn did not address that statute, and earlier decisions upheld it. Claims against governmental entities under the Kansas Tort Claims Act are capped at $500,000 per occurrence (K.S.A. 75-6105). PIP-threshold rules (40-3117) can bar pain and suffering claims for minor injuries (see no_fault).
Details & exceptions
K.S.A. 40-284(a)-(b): every auto liability policy for a vehicle registered or principally garaged in Kansas must include uninsured motorist coverage, with limits equal to the policy's bodily injury liability limits, and UM coverage must include an underinsured motorist provision. Under 40-284(c), the named insured may reject in writing only coverage in excess of the 40-3107 bodily injury minimums, so at least 25/50 UM/UIM is always required. A rejection carries over to renewals and later policies from the same insurer unless the insured asks for the coverage in writing.
Worked example: a typical Kansas car accident claim
Another driver turned left into you at an intersection in Kansas: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.
- Economic damages$20,000Medical bills + expected future treatment + lost wages.
- Left after your own PIP pays$15,500Kansas uses no fault insurance. Your own coverage pays up to $4,500 of economic losses, which is not claimed again from the at-fault driver.
- Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
- Total claim value$35,500 – $55,500Economic + pain and suffering.
- After your share of fault$28,400 – $44,400Kansas uses modified comparative negligence (50% bar): you recover nothing if you are 50% or more at fault; otherwise recovery is reduced by your 20%.
- Limited by available insurance$28,400 – $44,400At-fault policy limit $100,000 + your UM/UIM $0.
- Estimated take-home$18,028 – $28,748Minus attorney fee (33%), case costs and medical liens.
You would take home about $23,388 ($18,028 – $28,748), after the 33% fee and $1,000 in case costs, on top of the $4,500 your own PIP pays.
- At 51% fault instead: you would get nothing from the other driver under Kansas's fault rule.
- If the other driver only had the minimum policy: the $25,000 limit caps the claim, so you would keep about $15,750 unless you have underinsured motorist coverage.
Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.
How much time do you have to file?
General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.
Deadline traps in Kansas
The 2-year lawsuit deadline is not the only clock. These are the ones people miss:
Against a city, county or other municipality, file written notice with its clerk or governing body before suing, then wait for denial or 120 days. The 2-year limit is extended so you have at least 90 days after denial. No such notice applies to the State.
K.S.A. 12-105b, Claims against municipalities; notice of claimK.S.A. 12-105a, Definition of municipality
A child injured before 18 can sue until 1 year after turning 18 if that is later than the normal 2-year deadline, but never more than 8 years after the crash.
How fast a Kansas insurer must respond
Kansas adopts the NAIC model rules: insurers must acknowledge a claim and reply to claimants within 10 working days. The 15-working-day accept-or-deny rule covers first-party claims; unrepresented third-party claimants get 60 days' written warning before a deadline expires.
- Acknowledge your claim10 working days
- Accept or deny15 working days after receiving proof of loss (first-party claims)
K.A.R. 40-1-34, Unfair claims settlement practices (adopts NAIC 1981 model regulation)
If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.
Next steps after a Kansas crash
- Got an offer? Check if it's fair in Kansas
- Write a demand letter
- How Kansas's fault rule compares
- Whiplash claims
- Broken bone claims
- What a lawyer would cost
How no-fault insurance affects a Kansas claim
In Kansas, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.
Frequently asked questions
- What is a typical car accident settlement in Kansas?
- It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a Kansas claim against the other driver is worth about $36,400, and the injured person takes home about $23,388 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Kansas.
- Is Kansas an at-fault or no-fault state for car accidents?
- Kansas's car insurance system: No-fault. Under the Kansas Automobile Injury Reparations Act, an injured person can sue the at-fault driver for pain and suffering (noneconomic loss) only if the medical treatment has a reasonable value of $2,000 or more, or the injury is permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of a bodily function, or death (K.S.A. 40-3117). Required PIP (K.S.A. 40-3103, 40-3107(f)): medical expenses at least $4,500 per person; disability (lost income) at least $900 per month for up to one year; rehabilitation at least $4,500; substitution benefits up to $25 per day for up to 365 days; funeral up to $2,000; survivors' benefits at least $900 per month for up to one year. The pip_minimum shown is the $4,500 medical benefit. A motorcycle owner may reject PIP in writing (40-3107(f)).
- Is there a cap on pain and suffering in Kansas car accident cases?
- No general cap for typical car accident injury claims. K.S.A. 60-19a02 still appears in the statutes and caps noneconomic damages in personal injury actions ($350,000 for causes of action accruing on or after July 1, 2022). However, in Hilburn v. Enerpipe Ltd., 309 Kan. 1127, 442 P.3d 509 (2019), itself a vehicle-collision injury case, the Kansas Supreme Court held the cap violates the right to jury trial in section 5 of the Kansas Bill of Rights and overruled Miller v. Johnson (2012). So the cap is not enforced in ordinary auto injury cases. No legislative fix or constitutional amendment restoring the cap was found through 2026. A 2026 bill (SB 413) to bar lawyers from suggesting noneconomic damage amounts to juries did not become law (kslegislature.gov lists it as 'Died'). Exceptions still in force: wrongful death nonpecuniary damages are capped at $250,000 in the aggregate (K.S.A. 60-1903); Hilburn did not address that statute, and earlier decisions upheld it. Claims against governmental entities under the Kansas Tort Claims Act are capped at $500,000 per occurrence (K.S.A. 75-6105). PIP-threshold rules (40-3117) can bar pain and suffering claims for minor injuries (see no_fault).
- What happens if I was partly at fault for an accident in Kansas?
- Kansas follows modified comparative negligence with a 50% bar: you recover nothing if you are 50% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
- How long do I have to file a car accident lawsuit in Kansas?
- Generally 2 years for personal injury and 2 years for property damage. K.S.A. 60-513(a)(4): 2 years for 'an action for injury to the rights of another, not arising on contract' (bodily injury from negligence). 60-513(a)(2): 2 years for 'taking, detaining or injuring personal property.' Wrongful death: 2 years (60-513(a)(5)). Claims against a municipality (city, county, etc.) under the Kansas Tort Claims Act: a written notice of claim must first be filed with the clerk or governing body (K.S.A. 12-105b(d)). Suit may be filed after denial or 120 days, and the limitations period is extended so the claimant has at least 90 days after denial to sue. Kansas Tort Claims Act liability of a governmental entity is capped at $500,000 per occurrence (K.S.A. 75-6105(a)).
- What is the minimum car insurance in Kansas?
- $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. K.S.A. 40-3107(e): not less than $25,000 for bodily injury to or death of one person, $50,000 for two or more persons in one accident, and $25,000 for property damage in one accident. 2016 HB 2446 (L. 2016, ch. 72) raised the property damage minimum from $10,000 to $25,000 for policies issued or renewed on or after January 1, 2017; the 25/50 bodily injury limits were unchanged (per the Kansas Legislative Research Department supplemental note). The effective date shown applies to the property damage increase. HB 2446 also calls for legislative review of the minimums starting with the 2026 interim and at least every ten years after. A 2018 bill (HB 2104) to raise bodily injury minimums to 50/100 was not enacted; the current statute text still reads 25/50/25.
- What is the deadline to file a claim against the government in Kansas?
- Notice before suing (within the 2-year limit). Against a city, county or other municipality, file written notice with its clerk or governing body before suing, then wait for denial or 120 days. The 2-year limit is extended so you have at least 90 days after denial. No such notice applies to the State.
- How long does an insurance company have to respond to a claim in Kansas?
- Kansas adopts the NAIC model rules: insurers must acknowledge a claim and reply to claimants within 10 working days. The 15-working-day accept-or-deny rule covers first-party claims; unrepresented third-party claimants get 60 days' written warning before a deadline expires.
Related
- How much of a settlement you actually get
- Personal injury lawyer fees and fee calculator
- Pain and suffering calculator
- Compare car accident rules in every state
Official sources
- K.S.A. 12-105b, Claims against municipalities; notice of claim
- K.S.A. 12-105a, Definition of municipality
- K.S.A. 60-515, Persons under legal disability
- K.A.R. 40-1-34, Unfair claims settlement practices (adopts NAIC 1981 model regulation)
- K.S.A. 60-258a, Comparative negligence (Kansas Office of Revisor of Statutes)
- K.S.A. 60-513, Actions limited to two years (Kansas Office of Revisor of Statutes)
- K.S.A. 75-6105, Kansas Tort Claims Act liability limit (Kansas Office of Revisor of Statutes)
- K.S.A. 40-3107, Motor vehicle liability insurance policy; required provisions (Kansas Office of Revisor of Statutes)
- Kansas Legislative Research Department, Supplemental Note on HB 2446 (2016)
- K.S.A. 40-3117, Restrictions on tort actions (Kansas Office of Revisor of Statutes)
- K.S.A. 40-3103, Definitions (PIP benefit minimums) (Kansas Office of Revisor of Statutes)
- K.S.A. 40-284, Uninsured motorist coverage (Kansas Office of Revisor of Statutes)
- K.S.A. 60-19a02, Noneconomic loss limitation, with annotation noting Hilburn (Kansas Office of Revisor of Statutes)
- Hilburn v. Enerpipe Ltd., No. 112,765 (Kan. June 14, 2019) (Kansas Judicial Branch opinion PDF)
- K.S.A. 60-1903, Wrongful death damages limit (Kansas Office of Revisor of Statutes)
- SB 413 (2025-2026), Kansas Legislature bill page