Car Accident Statute of Limitations in Kansas
Last verified 2026-07 · Source: K.S.A. § 60-513(a)(4) ✓ verified · 3 sources
The deadline
2 years
from the date of the accident, under K.S.A. § 60-513(a)(4).
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Under K.S.A. § 60-513(a)(4), you have 2 years from the date of the accident to file a car accident lawsuit in Kansas. Miss it and you lose the right to sue — but several Kansas-specific exceptions can extend (or shorten) that window, detailed below.
Kansas Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | K.S.A. § 60-513(a)(4) |
| Credit Card Debt | 3 yrs | K.S.A. § 60-512(1) |
| Medical Malpractice | 2 yrs | K.S.A. 60-513(a)(7), (c) |
| Wrongful Death | 2 yrs | K.S.A. § 60-1901 |
| Personal Injury | 2 yrs | Kan. Stat. Ann. § 60-513(a)(4) |
| Dog Bite | 2 yrs | K.S.A. § 47-645 |
| Slip and Fall | 2 yrs | K.S.A. § 60-513(a)(4) |
| Defamation | 1 yr | K.S.A. § 60-514(a) |
| Breach of Contract | 5 yrs | K.S.A. 60-511(1) |
| Medical Debt | 5 yrs | K.S.A. § 60-511(1) |
When the Clock Starts
In Kansas, the limitations period for car accident lawsuits generally begins on the date of the accident. Kansas recognizes a discovery rule for this claim type: By statute, the action does not accrue until the act first causes substantial injury or, if the fact of injury is not reasonably ascertainable, until it becomes reasonably ascertainable — but in no event more than 10 years after the act (K.S.A. 60-513(b)).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Before suing a Kansas municipality a written notice of claim must be filed under K.S.A. 12-105b(d); no action may be commenced until the claim is denied or 120 days pass, and the claimant then has no less than 90 days from denial to file even if the ordinary two-year period has expired.
Kansas's statutory cap on noneconomic damages (K.S.A. 60-19a02) no longer applies to car-accident suits — the Kansas Supreme Court held it unconstitutional in Hilburn v. Enerpipe Ltd., 309 Kan. 1127 (2019), a truck-collision case; minors get one year after majority but no more than eight years after the act (K.S.A. 60-515(a)).
Source: K.S.A. § 60-513(a)(4), official Kansas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kansas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kansas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kansas | 2 years | K.S.A. § 60-513(a)(4) |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207(3) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| Colorado | 3 yrs | C.R.S. § 13-80-101(1)(n) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Kansas?
You have 2 years from the date of the accident, under K.S.A. § 60-513(a)(4).
Can I still sue after 2 years in Kansas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Kansas?
Yes. By statute, the action does not accrue until the act first causes substantial injury or, if the fact of injury is not reasonably ascertainable, until it becomes reasonably ascertainable — but in no event more than 10 years after the act (K.S.A. 60-513(b)).
What if the victim was a minor?
Kansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Before suing a Kansas municipality a written notice of claim must be filed under K.S.A. 12-105b(d); no action may be commenced until the claim is denied or 120 days pass, and the claimant then has no less than 90 days from denial to file even if the ordinary two-year period has expired.
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Sources
- Official K.S.A. 60-513 — Kansas Office of Revisor of Statutes
- Corroborating Kansas Statutes § 60-513 (2025) — Justia US Law
- Corroborating Kansas Civil Statute of Limitations Laws — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kansas attorney.