By Serdar Arslan, editor · Last reviewed · How we research
In Kansas, $2,000 in medical treatment is the line that decides whether you can sue another driver for pain and suffering. Below it, and without a listed serious injury such as a fractured weight-bearing bone, permanent injury, permanent disfigurement or death, your own personal injury protection is where you turn. Every policy must carry PIP that pays, regardless of fault, at least $4,500 per person for medical costs, $900 a month in lost income for up to a year, $4,500 for rehabilitation and $2,000 for funeral costs.
Once a case clears that threshold, the usual deadline is 2 years for injury, property damage and wrongful death, with a later start for injuries that were not reasonably ascertainable at first and a 10-year outside limit. Fault is barred at 50%. Since Hilburn v. Enerpipe Ltd. in 2019, personal injury cases have had no cap on noneconomic damages, though wrongful death noneconomic damages remain capped at $250,000. Suing a city or county means filing written notice with the municipality first and usually waiting until the claim is denied or 120 days pass.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years, counted from the crash or, if the injury was not reasonably ascertainable right away, from when it became so (with a 10-year outside limit) Source: K.S.A. 60-513(a)(4), (b) |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other personal property Source: K.S.A. 60-513(a)(2) |
| Wrongful death deadline | Generally 2 years Source: K.S.A. 60-513(a)(5) |
| Claims against a government entity | Before suing a Kansas city, county or other municipality, you generally must file a written notice of claim with the municipality's clerk or governing body. You usually cannot sue until the claim is denied or 120 days pass after filing the notice. Check the statute for what the notice must contain. Source: K.S.A. 12-105b(d) |
| Fault rule | Modified comparative fault (50% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are 50% or more at fault. Source: K.S.A. 60-258a |
| Insurance system | No-fault · Every policy must include personal injury protection (PIP) that pays your own losses regardless of fault: at least $4,500 per person for medical expenses, $900 a month for up to one year for lost income, $4,500 for rehabilitation, $25 a day for household services for up to 365 days, $2,000 for funeral costs, plus survivor benefits (K.S.A. 40-3103, 40-3107). You can sue the at-fault driver for pain and suffering only if your medical treatment reaches $2,000 in reasonable value or you have a listed serious injury, such as a fractured weight-bearing bone, permanent injury, permanent disfigurement or death (K.S.A. 40-3117). |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage Source: K.S.A. 40-3107(e) |
| Uninsured motorist coverage | Required |
| Damage caps | No cap on noneconomic damages in personal injury cases since the Kansas Supreme Court struck down the old cap in Hilburn v. Enerpipe Ltd. (2019). Noneconomic damages in wrongful death cases are capped at $250,000 (K.S.A. 60-1903); economic losses are not capped. Punitive damages are generally limited to the lesser of the defendant's highest annual gross income in the prior five years or $5 million (K.S.A. 60-3702). |
| Reporting a crash | If a crash causes injury or death, or property damage above the state threshold, you must notify police immediately by the quickest means. In most cases the investigating officer files the crash report. If you hit an unattended vehicle, you must report it without unnecessary delay. |
Getting your crash report in Kansas
For crashes worked by the Kansas Highway Patrol, request the report online through kansas.gov for crashes since May 2013, or by mail or in person at the KHP Records Section, 708 SW Jackson, Topeka, KS 66603. A report costs $5 and each witness statement $2. For crashes handled by city police or a sheriff, ask that agency. Official request page
Checking a Kansas lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Kansas Supreme Court – Online Attorney Directory
- Lawyer referral: Kansas Bar Association Lawyer Referral Service · 785-234-5696
339 people died in motor vehicle crashes in Kansas in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›When can I sue for pain and suffering after a Kansas crash?
Only if your medical treatment reaches $2,000 in reasonable value or you have a listed serious injury, such as a fractured weight-bearing bone, permanent injury, permanent disfigurement or death (K.S.A. 40-3117). Otherwise, your own PIP coverage pays your economic losses regardless of fault.
›What does Kansas PIP pay for?
At least $4,500 per person for medical expenses, $900 a month for up to one year of lost income, $4,500 for rehabilitation, $25 a day for household services for up to 365 days and $2,000 for funeral costs, plus survivor benefits (K.S.A. 40-3103, 40-3107). These benefits are paid no matter who caused the crash.
›Can the 2-year deadline start later in Kansas?
Yes, in some injury cases. If the injury was not reasonably ascertainable right away, the 2 years can run from when it became so, but no later than 10 years after the crash (K.S.A. 60-513). Ask a licensed attorney if you are relying on a later start date.
›What happens if I'm found 50% to blame in Kansas?
You recover nothing. Under K.S.A. 60-258a, a person 50% or more at fault is barred, while anyone below that line has their damages reduced by their percentage of fault.
›Is there a damages cap in Kansas?
Personal injury cases have had no cap on noneconomic damages since Hilburn v. Enerpipe Ltd. (2019). Wrongful death noneconomic damages are capped at $250,000 (K.S.A. 60-1903). Punitive damages are generally limited to the lesser of the defendant's highest annual gross income in the prior five years or $5 million.
Sources
- K.S.A. 60-513 (Kansas Office of Revisor of Statutes)
- K.S.A. 60-258a (Kansas Office of Revisor of Statutes)
- K.S.A. 40-3107 (Kansas Office of Revisor of Statutes)
- City of Olathe – Tort claim (K.S.A. 12-105b)
- Kansas Highway Patrol – Online crash logs and report requests
- Kansas Supreme Court – Online Attorney Directory
- Kansas Bar Association – Lawyer Referral Service