Does Kansas Allow UM/UIM Stacking? What K.S.A. 40-284 Says

By the FigureMyTax Editorial Team · How we calculate

No. Kansas statute caps the total UM and UIM limits available at the highest limits of any single applicable policy, and sets a difference-in-limits rule for underinsured claims.

The antistacking rule

Subsection (d) of K.S.A. 40-284 reads in substance: coverage under the policy shall be limited to the extent 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.

The underinsured provision

Subsection (b) says any UM coverage shall include an underinsured motorist provision that lets you recover from your insurer the damages to which you are legally entitled from the owner or operator of another vehicle, with limits equal to your UM limits, to the extent that coverage exceeds the bodily injury limits carried by the other driver. Subsection (a) sets UM limits equal to your bodily injury liability limits.

Rejection and offsets

The named insured may reject in writing the UM coverage in excess of the minimum limits of K.S.A. 40-3107, binding all insureds (subsection (c)). An insurer may exclude or limit coverage when you occupy an owned or regularly used uninsured vehicle, when the vehicle belongs to a self-insurer or governmental entity, when there is no physical contact and no disinterested witness, to the extent workers' compensation or PIP benefits apply, and when suit is filed against the uninsured motorist without notice to the carrier (subsection (e)).

Settlement notice and subrogation

If you reach a tentative agreement to settle for an underinsured driver's liability limits, you must give written notice by certified mail to your UIM insurer, with documentation of your pecuniary losses, medical bills and authorizations. Within 60 days it may substitute its own payment for the settlement and take over your right of recovery; if it does not pay within 60 days, it has no right of subrogation for what it pays under UIM (subsection (f)).

How to use this

Compare the results in the Kansas UM/UIM stacking calculator, start with the plain-English stacked versus single-policy explainer, and read how Kansas UM and UIM work under no-fault.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Kansas's rules apply to your specific case with a licensed Kansas attorney.