Kansas · Comparative fault · Updated Oct 2026

Comparative fault in Kansas: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Kansas, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
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
Insurance system
No-fault

Insurance and small claims in Kansas

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.

Small claims limit for car damage in Kansas: $10,000, not counting interest and costs; up to 20 small claims per court per year. Kansas small claims guide on Small Claims Map

How fast an insurer must handle a claim in Kansas

  • 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.

More facts for 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).

If the insurer says you were partly at fault

  1. Get the police report. 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. Reporting a crash in Kansas and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Kansas Insurance Department, Consumer Assistance.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Kansas, with the calculator

Who pays in Kansas: fault and payout explainer

Modified comparative fault (50% bar)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).

Free help in Kansas

Questions about comparative fault in Kansas

Is Kansas a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. 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.

Does fault still matter in Kansas's no-fault system?

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. 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.

Where can I complain if an insurer blames me unfairly in Kansas?

Kansas Insurance Department, Consumer Assistance: https://insurance.kansas.gov/ · 1-800-432-2484

How fast must an insurer handle a car insurance claim in Kansas?

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.

How do I get 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/

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Sources

Last checked: Oct 24, 2026.