Missouri vs. Kansas Car Accident Laws: Key Differences After a Crash

For many who live in Missouri and Kansas, life often happens across state lines. You could live in Overland Park in northeastern Kansas and work in Kansas City, Missouri, which may require you to cross over state lines several times a day. But a crash just a few miles in one direction or the other could mean completely different rules when it comes to a car accident claim.

Kansas is a “no-fault state.” This means your insurance pays for your medical bills first with Personal Injury Protection or PIP coverage. Missouri is an “at-fault” state. So, the driver who caused the crash (or their insurance company) is responsible for paying the damages.

The two states also handle shared blame differently. In Kansas, getting compensation for pain and suffering is more challenging unless you have suffered severe injuries. Even deadlines to file your lawsuit are different in each state. Knowing and understanding the car accident laws in Kansas and Missouri can be very important when it comes to protecting your rights after a crash.

Missouri vs. Kansas Car Accident Laws at a Glance

Issue	Missouri	Kansas
Basic system	Fault-based	No-fault/PIP takes over
PIP required	No	Yes
Comparative fault	Pure comparative fault	Modified comparative fault
Minimum liability insurance	25/50/25	25/50/25
Pain and suffering threshold	No equivalent PIP threshold	Yes
General personal injury deadline	Generally, 5 years	Generally, 2 years
Uninsured motorist coverage	Required	Required

Missouri is a Fault State While Kansas Uses a No-Fault PIP System

When it comes to handling car accident claims, Missouri and Kansas have different rules.

Missouri: Fault-Based System

What this means is that a driver who causes an accident in Missouri can be held liable for the injuries and damages caused. So, if you have been injured in a car accident, you can file a claim with the at-fault driver’s insurance company seeking compensation for medical bills, lost income, pain and suffering and other damages. Missouri doesn’t require that drivers carry Personal Injury Protection or PIP insurance.

Kansas: No-Fault System/PIP Required

Kansas requires that drivers carry Personal Injury Protection or PIP. This insurance pays some benefits after a crash, even if the injured person hasn’t proved who caused the crash. PIP benefits may cover medical bills, cost of rehab, lost wages and funeral expenses if the victim dies from their injuries.

But, being a no-fault state doesn’t mean drivers who cause an accident because of their negligence (carelessness) or wrongdoing can’t be held responsible. If you have been injured in a crash, you have the right to file a claim against the at-fault driver.

The main difference between the two states is that PIP pays certain benefits irrespective of fault in Kansas. In Missouri, the injured victim must generally seek compensation by filing a claim based on who caused the accident.

Missouri and Kansas Have Different Comparative Fault Rules

Missouri and Kansas handle situations where each party involved in a crash shares some of the blame. This difference is important to understand because it can have a significant effect on your car accident case.

Missouri: Pure Comparative Fault

Missouri follows a “pure comparative fault” rule. This means if you have been injured in a crash, you can get compensation even if you were mostly responsible for the crash. But, the amount you get would be reduced by the percentage of your fault.

For example, if you sustain $100,000 in damages, but were 60% responsible for the crash, your potential recovery would be reduced by 60%, leaving $40,000. Even if a driver was 80% responsible they may still be able to receive 20% of their damages.

Kansas: Modified Comparative Fault

Kansas’s rule is much stricter. Under K.S.A. 60-258a, an injured person may be allowed to recover damages only if his or her share of fault is under 50%. If that’s the case, their compensation may be reduced depending on their percentage of responsibility.

So, if a person has $100,000 in damages, here is how that could play out:

• 30% at fault: They could recover $70,000
• 49% at fault: They could recover $51,000
• 50% at fault: They cannot recover damages
• 60% at fault: They cannot recover damages

This difference can be very important when both drivers partially caused an accident. If the crash happened in Missouri, a driver who was found 60% responsible may still get compensation, but they would not be able to do so in Kansas. This is why determining each driver’s share of fault can make quite a huge difference in how an injury victim is compensated.

How Kansas PIP Changes What Happens After an Accident

Kansas PIP can actually help cover some expenses after a crash without you having to prove who caused the crash. This means that you get the financial help you need soon after the crash while insurance companies investigate the accident.

Depending on the policy and its limits, PIP may cover medical bills, rehab costs, a portion of your lost income, etc. This coverage can also come in handy when you have to pay for treatment and manage your daily expenses before your injury claim gets settled.

Missouri handles these initial expenses differently. The state doesn’t require PIP insurance. So, after a crash, you may depend on your health insurance, Medical Payments coverage or MedPay or some other type of insurance to pay your medical and treatment costs while the claim against the at-fault driver is pending.

The bottom line here is that neither state’s insurance system fully compensates car accident victims for all their losses. PIP and MedPay are both limited in terms of what they cover. So, understanding which coverage applies in your case can really help during these challenging times.

Can You Sue the At-Fault Driver in Kansas?

Kansas is a no-fault state, but you still have the right to sue the driver who caused your accident and injuries. PIP may cover some of your expenses, but not all of it. Kansas has a certain threshold before you can recover compensation for non-economic damages such as pain and suffering, mental anguish and other losses. Under K.S.A. 40-3117, an injured person may qualify for non-economic damages if their medical expenses reach $2,000 or if they’ve suffered serious injuries such as:

• Some types of fractures such as fracture to a weight-bearing bone
• Permanent injuries
• Permanent disfigurement
• Loss of a body part
• Permanent loss of bodily function
• Death

If your injuries or losses fall under the categories above, you may qualify even when your medical expenses are under $2,000. Missouri’s rules are different. While it doesn’t impose such a threshold, you must still meet the other legal requirements to be able to get compensation.

How Shared Fault Can Produce Very Different Results

Let’s take a hypothetical where an injured driver has $200,000 in total damages and is found 30% responsible for the crash. In both Missouri and Kansas, that means the driver could get 30% less, leaving $140,000.

If the injured driver is found 55% responsible, here’s how it would look in Missouri and Kansas.

In Missouri, pure comparative fault allows the driver to seek compensation in spite of the larger fault percentage. So, getting 55% less would mean they could get $90,000. In Kansas, the driver cannot recover damages because the percentage of fault is over half.

This example is a reminder of why the location of the accident matters so much. The same injuries, damages and percentage of responsibility can lead to very different case results depending on whether the crash happened in Missouri or Kansas. So, determining fault as accurately as possible can make the difference between – as we saw here – getting or not getting compensated for your losses.

Missouri and Kansas Minimum Insurance Requirements

Missouri and Kansas have the same basic minimum liability insurance limits for drivers. In both states, you must carry coverage of:

• $25,000 for bodily injury to one person in a crash.
• $50,000 for bodily injury to two or more people in the same accident.
• $25,000 for property damage in one accident.

These limits are spelled out in Missouri Revised Statutes Section 303.190 and Kansas Statutes Annotated (K.S.A.) 40-3107. These amounts may look the same, but both states handle accident injuries and paying expenses differently.

Kansas requires PIP coverage that helps pay some injury-related expenses regardless of fault. Uninsured motorist coverage is mandatory in both states. This is insurance that protects those injured by uninsured drivers. These differences matter because the minimum liability limit is not the only source of compensation for injured car accident victims in either state.

How Long Do You Have to File a Car Accident Lawsuit?

Missouri and Kansas have different deadlines when it comes to filing an injury lawsuit after a car crash. Missing these deadlines can prevent you from recovering compensation.

Missouri: 5 Years

Under Missouri Revised Statutes Section 516.120, generally, personal injury lawsuits must be filed within five years. But, there are exceptions depending on the circumstances of each case.

Kansas: 2 Years

Under K.S.A. 60-513, personal injury lawsuits must be filed within two years. This shorter deadline means injured people have significantly less time to file their lawsuit.

Someone who doesn’t know about this difference who was injured in a Kansas crash might mistakenly assume they have five years to file a lawsuit, and end up losing their right to seek compensation.

The deadlines could very well vary depending on the type of claim and the facts of the case. For example, claims involving governmental agencies, wrongful death or other special circumstances might have different deadlines. The time limit might also depend on when the claim legally came up.

If you were injured in a car accident – whether it was in Kansas or Missouri – contact an experienced car accident lawyer before time runs out.

What If You Live in Missouri, But the Accident Happens in Kansas?

It is very common to find someone living in the Kansas City area crossing over to Kansas. So, if you live in Missouri, but get into an accident in Kansas, the rules of your claim may not be as straightforward as you think.

For example, if you’re a Missouri resident who gets into an accident in Overland Park, you may face different legal issues compared to a Kansas resident who gets injured in Kansas City. Similarly, a Missouri resident riding in a Kansas-insured vehicle or a Kansas resident who commutes daily to their job in Missouri may have questions about which insurance benefits and legal rules apply to them.

The answer here is where you live does not automatically determine which state’s laws apply to every part of your claim. It could all depend on where the crash happened, where each driver lives, in which state the vehicles are registered and/or kept, which insurance policies apply and what the policy terms are. Case law may be different as can rules about fault, compensation, insurance coverage and filing deadlines.

So, in these cases, specific circumstances matter and assuming that one state’s law or the other applies to the entire claim might not be helpful.

Which State’s Laws Are Better for an Injured Person?

Neither state’s laws are better if you’ve been injured in a car accident. The result of your case will depend on the facts, circumstances, injuries, insurance that’s available and each party’s share of the fault.

Missouri’s pure comparative fault system may benefit someone who bears a big share of responsibility for the crash because they may still be able to receive some compensation. Kansas’s PIP coverage can help pay at least some initial expenses as the investigation is still going on.

But, Kansas has a shorter deadline for filing an injury lawsuit. It also requires injured victims to meet a legal threshold to be able to seek damages for pain and suffering. Missouri does not have such a threshold. For a closer look at the Missouri side, see our guide to Missouri car accident laws.

Common Questions About Missouri and Kansas Car Accident Laws

Is Missouri a no-fault state?

No, Missouri uses a fault-based system where the driver responsible for the crash can be held liable for the injuries and damages caused.

Is Kansas a no-fault state?

Yes, Kansas requires PIP coverage, but if you’re injured, you can still pursue a claim against a negligent driver.

Does Kansas PIP apply if another driver caused the accident?

Yes, PIP can pay benefits even before determining who caused the crash.

What if I’m more than 50% responsible for a Missouri accident?

You can still be compensated under the state’s pure comparative fault system. But, your recovery will be reduced by your percentage of fault.

What if I’m exactly 50% responsible in Kansas?

The state’s modified comparative fault rule prohibits recovery when your share of fault hits 50%.

Do Missouri and Kansas require the same minimum liability insurance?

Yes, both generally require 25/50/25 liability coverage. Kansas also requires PIP coverage.

Which state’s law applies if I live in one state and crash in the other?

It depends on factors like where the accident happened, which insurance policies are involved and the specific legal issues.

Contact an Experienced Car Accident Lawyer Who Can Help

While Missouri and Kansas share a border and have the same minimum liability limits, their car accident laws are different. Important differences include PIP coverage, fault rules, requirements for recovering damages for pain and suffering, filing deadlines and how accident-related expenses are paid.

If you’re in Kansas City, you can cross the state line in minutes. This makes it important to understand which laws apply if you get into a crash. Our Kansas City accident injury attorneys handle claims both in Missouri and Kansas and can help you understand your legal options. Call us today to find out how we can help protect your rights.