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.