Car accidents in Kansas: what to do and who pays

At the scene and reporting a crash in Kansas

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

If no officer is at the scene, you (or an adult passenger) must report the crash right away, by the quickest means, to the nearest police authority if anyone is hurt or killed, damage looks like $1,000 or more, or the other people involved can't receive your information. At the scene, give your name, address, plate number, insurance company and policy number to the other people involved and to police.

Damage amount

$1,000

Report to the state

Kansas has no standing driver crash report form. The police officer who investigates a crash with injury, death or $1,000+ damage sends the report to the Kansas Department of Transportation within 10 days. The Division of Vehicles may ask a driver or owner for a written report when it needs one.

Law

K.S.A. 8-1604, 8-1607, 8-1611 (driver report law K.S.A. 8-1606 was repealed in 2011)

Official text

Read the official text

First 24 hours after a crash in Kansas

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Kansas

Kansas is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below.

System

No-fault

PIP, benefits and when you can sue

Every policy must include personal injury protection (PIP). Minimums: $4,500 per person for medical bills, $900 a month for lost wages for up to 1 year, $25 a day for household help for up to 365 days, $4,500 for rehabilitation, $2,000 for funeral costs, and survivor benefits. PIP pays first, no matter who caused the crash. You can sue the other driver for pain and suffering only if medical treatment is worth $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 part, permanent injury or loss of a body function, or death. Damage to your car is still claimed from the driver who caused the crash or their insurer. You must claim PIP within 2 years of the injury.

Law

K.S.A. 40-3103, 40-3107(f), 40-3110, 40-3117

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Kansas

Rule

Modified (50% bar)

What it means

In Kansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Law

K.S.A. 60-258a(a) — you can recover only if your negligence was less than that of the party or parties you claim against; your award is reduced by your share

Compare every state's rule in the comparative negligence table.

Who pays in Kansas: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Kansas

Liability minimum

25/50/25

Uninsured / underinsured motorist (UM/UIM)

Required. Every policy must include uninsured and underinsured motorist coverage equal to your bodily injury liability limits. You can reject in writing only the part above the 25/50 minimum (K.S.A. 40-284).

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Kansas

For crashes worked by the Kansas Highway Patrol, order the official crash report through the KHP Records Portal, in person, or by written request to KHP Records in Topeka. The fee is $5 per crash report. Give the case number, date, location and names. The KHP online crash log shows preliminary injury and fatal crash information for up to 14 days. For crashes worked by city police or a sheriff, ask that agency. Official page: https://kansashighwaypatrol.gov/find-a-troop/troop-location-map/general-headquarters/legal-counsel/records-2/

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Kansas

How fast insurers must act

PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the loss and its amount; lost-wage benefits must be paid at least every 2 weeks; overdue PIP payments earn 18% simple interest a year (K.S.A. 40-3110(b)). The Insurance Department's guide says a company has 30 days from notice to complete its liability investigation. K.S.A. 40-2404(9) lists unfair claim settlement practices, such as not acknowledging claims promptly or not affirming or denying coverage within a reasonable time.

Diminished value

Yes, you can present a diminished value claim to the at-fault driver's insurer. The Kansas Insurance Department says there is no state law requiring payment and no set formula, so you must document the loss of value. Your own policy usually excludes it.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Kansas

Driving without insurance is a class B misdemeanor: fine of $300 to $1,000, up to 6 months in jail, or both; a repeat within 3 years is a class A misdemeanor with a fine of $800 to $2,500. License and registration can also be suspended (K.S.A. 40-3104). If an uninsured driver injures you, your own required uninsured motorist coverage and PIP pay. If you don't own a car and have no PIP, the Kansas Automobile Assigned Claims Plan (managed by AIPSO, (888) 706-6100) can pay basic PIP benefits.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Kansas

Property damage (your car)

2 years

Injury

2 years

Notes, including claims against a government

Before suing a Kansas city, county or other municipality for money damages, you must first file a written notice of claim with it (K.S.A. 12-105b(d)).

Law

K.S.A. 60-513(a)(2) (injury to personal property), 60-513(a)(4) (injury to the rights of another, including personal injury)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Kansas

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Kansas

Small claims limit

$10,000, not counting interest and costs; up to 20 small claims per court per year.

Kansas small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Kansas

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Kansas Insurance Department, Consumer Assistance · 1-800-432-2484

Free help in Kansas

• Kansas Insurance Department, Consumer Assistance · 1-800-432-2484
• Kansas Automobile Assigned Claims Plan (AIPSO) · (888) 706-6100
• Kansas Highway Patrol Records (crash reports) · 785-296-6800

Good to know in Kansas

• Kansas is a no-fault state for injuries, but you can still sue for pain and suffering once medical treatment reaches $2,000 (K.S.A. 40-3117).
• Per the Insurance Department guide, a car 7 years old or newer must be declared a total loss when damage meets or exceeds 75% of its retail value.
• Since January 1, 2024, the Kansas assigned claims and assigned risk plans are run by AIPSO; their Topeka office closed (Kansas Insurance Department guide).

Changes in 2024–2026

Since January 1, 2024, the Kansas Automobile Assigned Claims Plan and Kansas Automobile Insurance Plan are managed by AIPSO (Kansas Insurance Department). The small claims limit rose from $4,000 to $10,000 on July 1, 2024. No change to minimum limits or PIP amounts found for 2024-2026.

Free letters

Questions about car accidents in Kansas

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