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Yes. Kansas requires uninsured and underinsured motorist bodily-injury coverage in primary auto policies for vehicles registered or principally garaged in Kansas. The minimum limits are $25,000 per person and $50,000 per accident. K.S.A. 40-284 generally ties UM/UIM limits to bodily-injury liability limits, but the named insured may reject the amount above the statutory minimum in writing. The rule does not require UM/UIM coverage in excess or umbrella policies.
Uninsured motorist (UM) coverage concerns bodily injuries caused by an uninsured at-fault driver. Underinsured motorist (UIM) coverage involves a different comparison: your applicable UM/UIM limits must exceed the at-fault driver’s bodily-injury liability limits. Damages exceeding the other driver’s insurance alone do not establish a Kansas UIM claim. Fault, insured status, policy terms, and legally recoverable damages also matter.
For example, assume $100,000 in legally recoverable bodily-injury damages, an at-fault driver with a $25,000 per-person liability limit, and your applicable $100,000 per-person UIM limit. The limit difference is $75,000. That illustrates the potential additional UIM limit, not a guaranteed payment. With only a $25,000 UIM limit against the same $25,000 liability limit, there is no limit difference even if damages are $100,000. Obtain advice about notice and settlement requirements before signing a release.
UM/UIM bodily-injury coverage is separate from vehicle repairs. Collision or other applicable property coverage may address damage to your car, while PIP can address specified injury-related benefits subject to its terms. The Kansas Department of Insurance auto guide explains these different coverages.
For covered primary policies, Kansas law requires UM/UIM coverage at the liability limits unless the named insured rejects the coverage above the minimum in writing. A written rejection does not eliminate the required minimum. Ask for your declarations page, policy, endorsements, and any rejection forms; do not assume that the liability and UM/UIM limits on your policy are identical.
Ask a licensed insurance agent to quote different liability and UM/UIM limits and explain the premiums and exclusions. Higher applicable UM/UIM limits may increase available protection, but the price and fit depend on the policy and your needs. Use our Kansas UM/UIM policy checklist to organize the documents and questions for that conversation.
An uninsured driver may still be personally responsible for damages, but obtaining a judgment and collecting money are different questions. Assets, other responsible parties, and available insurance can affect practical recovery. Do not assume either that a lawsuit will pay all losses or that your own UM/UIM coverage is the only possible source.
Report the collision promptly and follow applicable policy notice and cooperation requirements. Preserve the crash-report number, photographs, witness details, medical records, and insurer letters. Read the steps after a crash with an uninsured driver. If coverage or payment is disputed, keep the written denial and review the issues that can arise in a Kansas UM/UIM claim.
A $25,000 UIM limit does not create an additional limit when the at-fault driver also has a $25,000 bodily-injury limit. That does not mean the policy’s uninsured motorist protection has no value: UM coverage addresses a different situation. Check the specific limits and coverage before drawing conclusions about your claim.
For help reviewing a collision, coverage documents, or a proposed settlement, learn about our Wichita uninsured and underinsured motorist legal services. Riedmiller, Andersen & Scott, LLC offers free consultations and contingency-fee representation. Call (316) 648-1369 or request a consultation. Ask about attorney fees and case expenses before hiring the firm.
