Kansas car accident settlement calculator

Kansas filing deadlines

All listed actions 'shall be brought within two years.' Under 60-513(b), accrual is delayed until substantial injury is reasonably ascertainable, subject to a 10-year repose. Notice statute:

If you were partly at fault

Kansas follows modified comparative negligence, 50% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).

• With $100,000 in damages and 30% of the fault, you would recover $70,000.
• With 55% of the fault, you would recover $0, because the rule bars your claim.

Recovery only if plaintiff's negligence is less than defendants' (barred at 50%). Award reduced in proportion to plaintiff's negligence; decedent's negligence imputed in wrongful death claims.

Source: K.S.A. 60-258a(a). Compare all states in the comparative negligence table.

No-fault state

Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of Medical at least $4,500 per person; disability (lost earnings) at least $900/month for up to 1 year; substitution services $25/day for up to 365 days; funeral up to $2,000; survivors' benefits at least $900/month; rehabilitation at least $4,500. The threshold to claim pain and suffering from the at-fault driver: Pain and suffering and other non-pecuniary damages only if medical treatment has a reasonable value of $2,000 or more, or the injury involves permanent disfigurement, a fracture to a weight-bearing bone, a compound/comminuted/displaced/compressed fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or death

PIP benefit definitions read from K.S.A. 40-3103: 'Medical benefits... up to a limit of not less than $4,500'. Rehabilitation benefits 'up to a limit of not less than $4,500' (40-3103). Motorcycle owners may reject PIP for themselves in writing (40-3107(f)).

Minimum car insurance in Kansas

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM/UIM is mandatory at least at the 40-3107 minimum BI limits: the insured may reject in writing only the UM coverage 'which is in excess of the limits for bodily injury or death set forth in K.S.A. 40-3107' (40-284.

Damage caps

Kansas does not cap pain and suffering in ordinary car accident cases. Punitive damages: Lesser of the defendant's highest annual gross income in the prior 5 years or $5 million (court may go up to 50% of net worth if income is clearly inadequate); if profitability of misconduct exceeds that, up to 1.5x the profit (K.S.A. 60-3702(e), (f))

K.S.A. 60-19a02 still lists caps ($350,000 for causes accruing on or after July 1, 2022), but the Kansas Supreme Court held the cap unconstitutional as a violation of the right to jury trial in Hilburn v. Enerpipe Ltd., 309 Kan. 1127 (2019). Hilburn involved a car/truck collision personal injury case. The 1.5x profitability figure ('1 1/2 times the amount of profit') and the $5 million / annual gross income limit was read from

Dog bite law

One-bite rule (no strict liability statute).

Source: . Estimate a claim with the dog bite calculator.