Question 1

Does Kansas allow UM/UIM stacking?

Accepted Answer

No. The statute says coverage is limited so that the total limits available cannot exceed the highest limits of any single applicable policy, regardless of the number of policies involved, persons covered, claims made, vehicles or premiums shown on the policy or premiums paid or vehicles involved in an accident (K.S.A. 40-284(d)).

Question 2

How does Kansas underinsured coverage work?

Accepted Answer

Every UM coverage must include an underinsured provision that lets you recover the damages you are legally entitled to from the other driver, with limits equal to your UM limits, to the extent your UM coverage exceeds the other driver's bodily injury limits (40-284(b)). It is a difference-in-limits rule.

Question 3

What are the minimum limits, and can I reject UM?

Accepted Answer

The minimum bodily injury limits are $25,000 per person and $50,000 per accident (K.S.A. 40-3107). You may reject in writing only the UM coverage that exceeds those minimums, and the rejection binds all insureds (40-284(c)).

Question 4

Does PIP reduce my UM claim?

Accepted Answer

An insurer may provide for exclusion or limitation of UM coverage to the extent PIP benefits apply, and to the extent workers' compensation benefits apply (40-284(e)). Kansas requires PIP benefits in every liability policy (40-3107(f)).

Question 5

How long do I have to sue, and when can I recover for pain and suffering?

Accepted Answer

An action for injury to the rights of another must be brought within 2 years (K.S.A. 60-513). Damages for pain and suffering are recoverable in a motor vehicle claim only if the injury needs $2,000 or more of medical treatment of the kind the no-fault act describes, or is a listed injury (40-3117).

Kansas UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Kansas bars UM/UIM stacking by statute and caps you at the highest single policy

Kansas UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Kansas bars UM/UIM stacking by statute and caps you at the highest single policy

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