Can Passengers File an Injury Claim After a Car Accident in Kansas?

When you’re injured as a passenger in a car crash, you may feel especially helpless — you weren’t driving, so it seems unfair that you are left to deal with medical bills, lost income, and pain. But under Kansas law, passengers do have rights and legal options. At Neustrom & Associates in Salina, we help injured passengers pursue the compensation they deserve. Below, you’ll find what you need to know if you were hurt as a passenger in a Kansas collision.

Do Passengers Have a Right to File a Claim in Kansas?

Yes — injured passengers generally have the same right to claim compensation as drivers or others in a crash. Because passengers are not responsible for operating the vehicle, their claims often face fewer disputes about fault.

In Kansas, your own Personal Injury Protection (PIP) benefits may cover immediate medical bills and some lost wages regardless of who’s at fault. If your losses exceed what PIP covers — especially in more serious injuries — you can also pursue a third-party claim against the at-fault driver’s insurance. Sometimes as a passenger, the policy of the car in which you were riding covers PIP losses.

If the driver of the vehicle you were riding in was at fault (whether intentionally or by negligence), you may file a claim under their policy. Even if the at-fault driver is someone you know — a friend or family member — you’re typically claiming against their insurer, not them personally.

Who Can Be Held Liable?

Depending on how the crash happened, a passenger might have multiple targets for liability:

• The other driver(s) whose negligence caused the collision.
• The driver of the car you were in, if their actions contributed to the crash.
• Additional parties such as vehicle manufacturers (in the event of a defect) or road maintenance authorities (if poor road conditions played a role).

Kansas uses a modified comparative fault rule. That means even if a passenger bears some minimal fault (though that’s rare), the recovery may be reduced accordingly — but you generally are not barred from recovery if your share of fault is under 50%. It is rare that a passenger has fault.

What Compensation Can a Passenger Seek?

As an injured passenger, you may recover both economic and non-economic damages:

• Medical expenses — hospital visits, surgeries, rehabilitation, medications
• Lost wages or income if you miss work due to injury
• Loss of earning capacity, if your ability to work long-term is affected
• Pain and suffering, emotional distress, and inconvenience
• Other costs you incurred — transportation to medical appointments, assistive care, etc.

Kansas doesn’t impose a fixed overall cap on personal injury damages; instead, recovery can be limited by all the available insurance policy limits, or with corporations their assets could be available. It is good to have a good law firm to help you prove all of your losses.

One limitation: when you recover from an at-fault driver’s policy after receiving PIP benefits, you may have to reimburse your insurer (subrogation) for the PIP payments — though reductions may apply if you’re partly at fault.

Why You Should Work with an Attorney

Passenger injury cases may seem more straightforward, but complex issues can still arise — for example:

• Determining all liable parties
• Dealing with insurance denials or lowball offers
• Applying comparative fault rules
• Navigating subrogation rights and reimbursements
• Ensuring you meet deadlines, such as the two-year statute of limitations in Kansas

At Neustrom & Associates, we handle all those challenges on your behalf: we build your case, gather evidence, negotiate with insurers, and litigate if needed.

Don’t Delay — Protect Your Rights Now and Contact Our Salina Attorney

If you were injured as a passenger in a Kansas car accident, you have legal rights and potential compensation available. But time is not on your side. Evidence fades, memories dim, and the two-year deadline to file a lawsuit may slip by. Contact Neustrom & Associates today for a free case review. Let our trusted team in Salina fight for your full recovery — physically, emotionally, and financially.