KANSAS GUIDE 19

Kansas Crash Damages, PIP Tort Threshold & Property Loss

Kansas tort damages operate alongside mandatory PIP. Under K.S.A. 40-3117, noneconomic damages such as pain and suffering generally require medical treatment with a reasonable value of at least $2,000 or one of the statute’s alternative qualifying injuries, including permanent disfigurement, specified fractures, loss of a body member, permanent injury, permanent loss of bodily function, or death.

  • Separate PIP benefits from tort damages and avoid duplication.
  • Evaluate the $2,000 reasonable-value threshold and each alternative statutory threshold.
  • Document medical loss, wage loss, future loss, impairment, disfigurement and noneconomic damages.
  • Address vehicle repair, total loss, loss of use and other property damage separately.
  • Also review K.S.A. 40-3130 if the injured person was required but failed to maintain PIP coverage.

Primary Kansas Sources

Current-law review: September 16, 2026. Threshold and damages analysis is fact-specific and should be based on the current statute and medical proof.