KS · Accidents & Injuries

Accidents & Injuries in Kansas

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Kansas Law

Kansas Statutes Annotated Section 60-513

Kansas imposes a two-year statute of limitations for personal injury claims. An injured party must generally file a lawsuit within two years of the date of injury or discovery of injury.

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Procedural Details in Kansas

Kansas follows modified comparative fault with a 50% bar under Kansas Statutes Annotated Section 60-258a. A plaintiff found 50% or more at fault is barred from recovery. Kansas is a no-fault auto insurance state under Kansas Statutes Annotated Section 40-3101, requiring personal injury protection (PIP) coverage. PIP pays medical expenses and lost wages regardless of fault. To sue the at-fault driver outside of PIP in Kansas, the injured party's medical expenses generally must exceed $2,000 or the injury must be permanent, fractured bone, or disfigurement. Government claims against the State of Kansas require filing under Kansas Tort Claims Act (KSA 75-6103), generally within two years.

Kansas Agencies & Resources

Kansas Insurance Department

Regulates insurance companies in Kansas and handles consumer complaints about auto and accident insurance.

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Kansas Department of Revenue — Division of Vehicles

Manages Kansas driver records, vehicle registrations, and accident report filings.

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Kansas Bar Association — Lawyer Referral Service

Connects Kansas residents with licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury claim in Kansas?

Kansas Statutes Annotated Section 60-513 provides a two-year statute of limitations for personal injury claims from the date of injury or discovery. For claims against Kansas state government, the Kansas Tort Claims Act (KSA 75-6103) applies. Consult an attorney promptly to ensure you meet all applicable deadlines.

Is Kansas a no-fault auto insurance state?

Yes. Kansas requires personal injury protection (PIP) coverage under KSA 40-3101. After a car accident, your PIP pays your medical expenses and lost wages regardless of fault. To sue the at-fault driver for pain and suffering or amounts exceeding PIP, your medical costs generally must exceed $2,000, or you must have suffered a fractured bone, permanent injury, or significant disfigurement.

How does Kansas's modified comparative fault rule work?

Under KSA 60-258a, Kansas applies modified comparative fault with a 50% bar. If you are 49% or less at fault, you can recover damages reduced proportionally. If you are 50% or more at fault, you may be completely barred from recovering compensation from the other party.

Are there damage caps in Kansas accident cases?

Kansas does not impose a general cap on compensatory damages in most personal injury accident cases. However, non-economic damages in medical malpractice cases are capped under KSA 60-19a02. Government claims under the Kansas Tort Claims Act may also be subject to limitations.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026