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Kansas car accident law: deadlines, fault and your claim

Kansas gives you two years to sue after a crash, pays first through no-fault PIP, and lets you sue for pain and suffering only past a $2,000 medical threshold or a serious injury.

Last reviewed By the Editorial team 6 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Kansas you generally have 2 years from the crash to file a lawsuit for injuries or vehicle damage, and 2 years from the date of death for a wrongful death claim. Kansas is a no-fault state: your own personal injury protection pays first, and you can sue the at-fault driver for pain and suffering only if your medical treatment is worth $2,000 or more or the injury is serious. If you do sue, you recover nothing unless your share of fault is less than the other side's.

Kansas law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury2 yearsK.S.A. 60-513(a)(4)
Vehicle or property damage2 yearsK.S.A. 60-513(a)(2)
Wrongful death2 yearsfrom the date of deathK.S.A. 60-513(a)(5)
Shared fault50% bar Modified comparative fault (50% bar)K.S.A. 60-258a(a)

Key facts

Injury and vehicle damage lawsuits
2 yearsFrom the day of the crash
Wrongful death lawsuit
2 years, from the date of death
Fault rule
Modified comparative: barred at 50%You must be less at fault than those you sue
Claims against a city or county
Written notice firstThe city or county has 120 days to respond
Minimum liability insurance
$25,000 / $50,000 / $25,000Per person / per crash / property
No-fault system
$4,500 PIP medical minimumPain-and-suffering suits need $2,000 of treatment or a serious injury
Traffic deaths in Kansas, 2024
339 people11.4 per 100,000 people
Bar referral help line
785-861-8826KBA Lawyer Referral Service

Filing deadlines in Kansas#

Kansas law sets a Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 2 years for most car-crash lawsuits, counted from the day of the crash. No-fault changes what you can sue for, not how long you have. The deadline lookup compares Kansas with other states.

ClaimDeadlineLaw
Personal injury2 yearsK.S.A. 60-513(a)(4)
Damage to your vehicle or other property2 yearsK.S.A. 60-513(a)(2)
Wrongful death2 years from the date of deathK.S.A. 60-513(a)(5)
Claim against a city, county or other municipalityWritten notice before suingK.S.A. 12-105b(d)

Injured children. Under K.S.A. 60-515, a child may sue within one year after turning 18, but never more than eight years after the crash. This Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary rule has a hard outer limit.

Claims against local government. Kansas requires a written notice of claim filed with the clerk or governing body of the city, county or other municipality before a lawsuit can be filed. The notice must give the date, place and facts of the crash, the injuries and the amount of money you are asking for. The municipality then has 120 days to approve the claim; if it does not, the claim counts as denied and you can file suit. Under the Kansas Tort Claims Act, all claims from one crash are limited to $500,000 in total.

How fault is shared in Kansas#

Kansas uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary under K.S.A. 60-258a. You can recover only if your own negligence was less than the negligence of the person or people you are claiming against. Your damages are then cut by your percentage of fault. Each defendant pays only its own share of the total, so you cannot collect one driver's share from another.

In a wrongful death claim, the negligence of the person who died counts against the family. Try the fault-rule explainer to see how Kansas compares with other states.

Insurance in Kansas#

Every Kansas auto policy must include liability, no-fault and uninsured motorist coverage:

CoverageKansas rule
Liability (injuries and property)$25,000 per person, $50,000 per crash, $25,000 property
Personal injury protection (PIP)Required: $4,500 medical, $4,500 rehabilitation, up to $900 a month disability for one year, $25 a day substitution, $2,000 funeral, plus survivors benefits
Uninsured motoristRequired at least $25,000/$50,000; only limits above the minimum can be rejected in writing
Underinsured motoristIncluded in uninsured motorist coverage

Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary pays your own medical bills and some lost income whoever caused the crash, so many Kansas injury claims start with your own insurer. The guide to who pays medical bills explains how PIP, health insurance and the other driver's coverage fit together. The Insurance Information Institute estimates that 12.0% of Kansas drivers were uninsured in 2023, compared with 15.4% nationally.

The Kansas Department of Insurance handles complaints about insurers: 1-800-432-2484 (Consumer Assistance Hotline); 785-296-3071.

After a crash in Kansas#

K.S.A. 8-1604 puts these duties on every driver in a crash that injures or kills someone or damages an attended vehicle or other property:

  1. Give your details. Give your name, address and vehicle registration number, and on request show your license and your insurer's name and policy number.
  2. Help the injured. Check whether anyone is hurt and give reasonable help, including arranging transport for treatment when it is needed or asked for.
  3. Report it. Report the crash immediately, by the quickest available means, to the nearest police agency when no officer is at the scene and someone is hurt or killed or property damage appears to be $1,000 or more.

For a crash the Kansas Highway Patrol investigated, you can get the report through the Kansas Highway Patrol's online Records Portal, in person or by written request to its Records Department in Topeka. The patrol charges $5 per crash report. If a city police department or sheriff's office handled the crash, ask that agency for its report. The guide to the police report explains what to check in it.

Special rules in Kansas#

When you can sue for pain and suffering

K.S.A. 40-3117 sets Kansas's Serious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary. You can recover damages for pain, suffering, mental anguish, inconvenience and other non-financial losses only if:

  • your injury needed medical treatment with a reasonable value of $2,000 or more, or
  • the injury includes permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, a permanent injury, permanent loss of a bodily function, or death.

A provider's bill is not automatically the reasonable value; either side can offer evidence of a different value. Necessary nursing care from a relative or household member can count.

Wrongful death damages cap

In a Kansas wrongful death case, damages other than the family's financial losses cannot exceed $250,000 in total, plus costs. Lost financial support is not under this cap.

Crashes on Kansas roads#

According to the Insurance Institute for Highway Safety, 339 people died in Kansas crashes in 2024. That is 11.4 per 100,000 people, close to the national rate of 11.5 per 100,000 people.

  • 55% of the deaths happened on rural roads.
  • 21% were speeding-related.
  • An estimated 32% of passenger vehicle drivers killed had a blood alcohol level of 0.08% or higher.

Finding a lawyer in Kansas#

The Kansas Bar Association runs the KBA Lawyer Referral Service. You fill in a request form on its referral page, or call 785-861-8826 if you need help. The KBA charges no fee for the referral itself; ask the lawyer about any consultation fee. See how lawyer referral services work.

Before you hire anyone, search the Kansas Supreme Court's online attorney directory to confirm the lawyer is registered to practice.

Questions people ask

What is the statute of limitations for a car accident in Kansas?

Generally 2 years from the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Claims against a city or county need a written notice first.

Is Kansas a no-fault state?

Yes. Your own personal injury protection pays medical bills and some lost income after a crash, whoever caused it. You can still sue the at-fault driver for pain and suffering if your medical treatment is worth $2,000 or more or you have a serious injury such as a listed fracture or permanent injury.

Can I recover if I was partly at fault in Kansas?

Yes, if your share of fault is less than that of the people you are claiming against. Your damages are reduced by your percentage. At 50% or more, you recover nothing.

Do I have to report a car accident in Kansas?

If no officer is at the scene, you must report the crash to the police right away when someone is hurt or killed or the property damage appears to be $1,000 or more.

How do I get a Kansas Highway Patrol crash report?

Order it through the patrol's online Records Portal, in person or in writing. The fee is $5 per crash report.

Can I claim pain and suffering after a minor crash in Kansas?

Only if the threshold is met. If your treatment is worth less than $2,000 and none of the listed serious injuries apply, PIP pays medical costs up to its limits and a pain-and-suffering claim is not allowed.

Sources

  1. Kansas Revisor of Statutes, K.S.A. 40-3117 — the tort threshold
  2. Kansas Revisor of Statutes, K.S.A. 60-258a — comparative fault and several liability
  3. Kansas Revisor of Statutes, K.S.A. 8-1604 — duties after a crash
  4. Kansas Revisor of Statutes, K.S.A. 12-105b — notice of claims against municipalities
  5. Kansas Highway Patrol, Records requests and crash reports
  6. Kansas Office of Revisor of Statutes, K.S.A. 60-513 — as of October 2026
  7. Kansas Supreme Court, Martin v. Naik, No. 101,146 (May 3, 2013) — as of October 2026
  8. Kansas Bar Association, Lawyer Referral Service — as of October 2026
  9. Kansas Office of Revisor of Statutes, K.S.A. 60-515(a) — as of October 2026
  10. Kansas Office of Revisor of Statutes, K.S.A. 75-6105(a) — as of October 2026
  11. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  12. Kansas Office of Revisor of Statutes, K.S.A. 60-1903(a) — as of October 2026
  13. Kansas Judicial Branch, Online Attorney Directory — as of October 2026
  14. Kansas Statutes, K.S.A. 40-3107 (required motor vehicle liability policy contents) — as of October 2026
  15. Kansas Statutes, K.S.A. 40-3103 (definitions of personal injury protection benefits) — as of October 2026
  16. Kansas Statutes, K.S.A. 40-284 (uninsured and underinsured motorist coverage) — as of October 2026
  17. Kansas Department of Insurance, Home page — as of October 2026
  18. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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