State guide · Midwest
Kansas subrogation law guide
A claimant recovers only if its negligence is less than the causal negligence of the parties against whom recovery is sought, so 50% or more bars recovery. Each party pays only its own percentage of fault.
Kansas at a glanceKS
- Property damage
- 2 years
- Bodily injury
- 2 years
- Fault rule
- Modified, 50% bar
- Gov. notice
- None
Overview
Kansas runs on short clocks and several-only liability. Property damage and bodily injury both carry 2-year limitation periods under K.S.A. 60-513, and fault follows a modified comparative rule that bars a claimant at 50% under K.S.A. 60-258a. Since Brown v. Keill, each tortfeasor pays only its own percentage, and fault can be assigned to parties who are absent or immune, so the carrier absorbs any share it cannot collect. Kansas also applies a one-action rule: once comparative fault is determined at trial, later suits arising from the same occurrence are generally barred, which means a subrogated claim must be joined in the insured's action or resolved before that trial. Auto is a no-fault system with personal injury protection (PIP); tort recovery for pain and suffering requires medical expenses above $2,000 or a qualifying serious injury, and K.S.A. 40-3113a gives the PIP carrier a lien on the insured's recovery, reduced for comparative fault and attorney fees. Product subrogation is favorable after Corvias, which allows recovery for damage to property including the product itself. Claims against municipalities require a written notice under K.S.A. 12-105b(d) before suit, with a 120-day waiting period.
Quick reference with citations
- Property damage SOL
- 2 years
- K.S.A. 60-513(a)(1), (2) (trespass upon real property; taking, detaining or injuring personal property)
- Bodily injury SOL
- 2 years
- K.S.A. 60-513(a)(4)
- Product liability
- 2 years from accrual (K.S.A. 60-513); the Kansas Product Liability Act's useful safe life defense carries a rebuttable presumption that harm more than 10 years after delivery falls outside it (K.S.A. 60-3303), and K.S.A. 60-513(b) sets a 10-year outer limit from the act giving rise to the claim.
- Written contract
- 5 years
- Contract and indemnity recoveries
- Comparative fault rule
- Modified, 50% bar
- K.S.A. 60-258a
- Government notice of claim
- No general statutory pre-suit notice
- Before suing a municipality (cities, counties, townships, school districts and other subdivisions), the claimant must file a written notice of claim with the clerk or governing body (K.S.A. 12-105b(d)). Suit may begin only after the claim is denied or 120 days pass; the notice extends the limitation period during that window, and the claimant has at least 90 days after denial to sue. There is no fixed short deadline, but the notice must be filed within the 2-year limitation period.
Fault rule in practice
How Kansas's rule changes a $50,000 recovery.
A claimant recovers only if its negligence is less than the causal negligence of the parties against whom recovery is sought, so 50% or more bars recovery. Each party pays only its own percentage of fault.
Authority: K.S.A. 60-258a
| Insured's share of fault | Recoverable in KS | Under pure comparative |
|---|---|---|
| 0% | $50,000 | $50,000 |
| 20% | $40,000 | $40,000 |
| 50% | Barred | $25,000 |
| 60% | Barred | $20,000 |
Doctrines that move the number
Kansas doctrine checklist.
Made-whole doctrine
Kansas has no modern appellate decision squarely applying the made-whole doctrine to property subrogation. Shawnee Fire Ins. Co. v. Cosgrove, 116 P. 819 (Kan. 1911) suggests the insurer recovers only what exceeds the insured's uncompensated loss, and Kansas authority allows clear policy language to expand the carrier's rights. PIP recovery follows K.S.A. 40-3113a, which reduces the carrier's lien for the insured's comparative fault and attorney fees.
Economic loss doctrine
The Kansas Product Liability Act codifies a modified economic loss rule: it excludes direct and consequential economic loss but allows recovery for damage to property, including the product itself (Corvias Military Living, LLC v. Ventamatic, Ltd., No. 116,307 (Kan. Oct. 25, 2019)). Homeowners may also sue residential contractors in negligence for economic loss (David v. Hett, 293 Kan. 679, 270 P.3d 1102 (2011)).
Joint and several liability
Kansas abolished joint and several liability under K.S.A. 60-258a: each party pays only its percentage of the total fault (Brown v. Keill, 224 Kan. 195, 580 P.2d 867 (1978)). Fault may be compared for parties not joined, so a share assigned to an absent or immune tortfeasor goes uncollected.
Anti-subrogation and waiver
Absent a valid rental agreement to the contrary, a residential tenant is liable for fire damage it negligently causes, so a landlord's carrier can generally subrogate against the tenant (K.S.A. 58-2555(f); New Hampshire Ins. Co. v. Hewins, 627 P.2d 1159 (Kan. Ct. App. 1981)). A carrier cannot subrogate against its own insured.
Practice notes
Working Kansas subrogation files.
- 1
The one-action rule is the Kansas trap most likely to wipe out a subrogation claim. When the insured sues the tortfeasor for uninsured losses or injuries, join the subrogated property claim or intervene before trial; a judicial determination of comparative fault in the insured's case can bar a later separate suit arising from the same occurrence. Monitor the insured's litigation through diary notes and counsel contact, not just the claim system.
- 2
Fault math example: a fictional Wichita insured's $50,000 collision claim arises from a lane-change crash. The jury assigns 30% to the insured, 50% to the other driver and 20% to a delivery company whose truck forced the lane change but was never sued. The carrier recovers $25,000 from the driver (50% of $50,000); the delivery company's $10,000 share is lost unless it is pursued in the same action.
- 3
PIP subrogation runs on statute. Under K.S.A. 40-3113a the PIP carrier holds a lien on the insured's tort recovery, reduced by the insured's comparative fault and a share of attorney fees, and it may sue the tortfeasor directly if the insured has not acted within 18 months of the accident. Calendar the 18-month mark alongside the 2-year limitation period, since both fall well inside the first two years.
- 4
Municipal claims need a written notice under K.S.A. 12-105b(d) before suit, filed with the clerk or governing body. Suit cannot be filed until the claim is denied or 120 days pass, and filing early deprives the court of jurisdiction. Serve notice early enough that the waiting period ends before the 2-year date, and do not rely on a second notice to extend the period.
- 5
Ishqkala applies a 730-day alert to both property and injury claims in Kansas, adds an 18-month PIP direct-action alert on auto files, and flags any file where diary notes show the insured has retained counsel or filed suit so the subrogated claim can be joined before fault is tried under the one-action rule.
Key cases
Brown v. Keill
224 Kan. 195, 580 P.2d 867 (1978)
Held that the comparative negligence statute ended joint and several liability: each defendant is liable only for its own proportionate share of fault, which makes identifying every solvent tortfeasor central to Kansas recovery.
Corvias Military Living, LLC v. Ventamatic, Ltd.
No. 116,307 (Kan. Oct. 25, 2019)
Held the Kansas Product Liability Act permits recovery for damage to property, including the defective product itself, while excluding pure economic loss; the case arose from bathroom exhaust fans that caught fire and damaged homes.
David v. Hett
293 Kan. 679, 270 P.3d 1102 (2011)
Held the economic loss doctrine does not bar homeowners' negligence claims against contractors for negligently performed residential construction, overruling earlier Court of Appeals authority.
Inter-company arbitration
Kansas auto physical damage disputes between signatory carriers go to Arbitration Forums, Inc., compulsory up to $100,000 in total company-paid damages. PIP reimbursement claims between carriers can also be arbitrated, with AF jurisdiction conforming to the statute or endorsement that creates the recovery right, here K.S.A. 40-3113a. Because Kansas compares fault of unjoined parties and several liability applies, name every responsible signatory in the filing. Consider how an arbitration award may interact with the one-action rule before filing separately from the insured's lawsuit.
How Ishqkala applies this guide
KS rules, built into every score.
- Opportunities with a Kansas loss state are calendared against the 2 years property damage period or the 2 years bodily injury period, whichever controls the claim type.
- The insured's estimated fault share is applied under modified, 50% bar before recoverable dollars are scored.
- Public-entity claims are flagged for counsel review because notice and immunity rules vary by entity.
- Alerts fire at 180, 90, 45 and 15 days before the controlling deadline.
FAQ
Kansas subrogation FAQ
2 years (K.S.A. 60-513(a)(1), (2) (trespass upon real property; taking, detaining or injuring personal property)). A subrogating carrier generally takes the insured's claim subject to the same limitation period, usually measured from the date of loss.
Modified, 50% bar (K.S.A. 60-258a). A claimant recovers only if its negligence is less than the causal negligence of the parties against whom recovery is sought, so 50% or more bars recovery. Each party pays only its own percentage of fault.
Before suing a municipality (cities, counties, townships, school districts and other subdivisions), the claimant must file a written notice of claim with the clerk or governing body (K.S.A. 12-105b(d)). Suit may begin only after the claim is denied or 120 days pass; the notice extends the limitation period during that window, and the claimant has at least 90 days after denial to sue. There is no fixed short deadline, but the notice must be filed within the 2-year limitation period.
Kansas has no modern appellate decision squarely applying the made-whole doctrine to property subrogation. Shawnee Fire Ins. Co. v. Cosgrove, 116 P. 819 (Kan. 1911) suggests the insurer recovers only what exceeds the insured's uncompensated loss, and Kansas authority allows clear policy language to expand the carrier's rights. PIP recovery follows K.S.A. 40-3113a, which reduces the carrier's lien for the insured's comparative fault and attorney fees.
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