Who Pays in a No-Fault Accident?

Who Pays in a No-Fault Accident?

By Pyle Law, Reviewed by E. Thomas Pyle July 09 2025 3:23 pm

In the aftermath of a car crash, confusion often arises around who bears the financial burden, especially in no-fault states. Most drivers are surprised to learn that in no-fault states, each driver’s own insurance covers their own medical expenses and other injury-related losses, regardless of who caused the accident. However, the at-fault driver’s insurance is still responsible for property damage to the other driver’s vehicle.

This blog will explain what no-fault means, how it applies in Kansas, and what steps to take if you’re involved in an accident. At Pyle Law, we are committed to confidently helping injured drivers and their families navigate this process. If you’ve found yourself wondering, No fault accident, who pays? You’re not alone; we’re here to answer that question clearly.

Understanding No-Fault Accidents: What They Are And How They Work

Kansas is one of the few states that follows a no-fault insurance system. A no-fault insurance primarily refers to no-fault auto insurance, which requires the insurance company to indemnify its policyholder for certain losses resulting from an automobile accident, regardless of who caused it.

Under this system, your policy pays for:

• Medical bills
• Lost wages
• Certain out-of-pocket expenses

This happens regardless of who was responsible for causing the crash. It’s important to understand that this coverage only applies to injury-related expenses, not to vehicle repairs or replacements.

What To Do After A No-Fault Accident To Protect Your Rights

We always recommend taking proactive steps to protect your well-being and preserve your legal options. Here’s what we suggest if you’re involved in a no-fault accident:

• Seek immediate medical attention, even if symptoms aren’t obvious.
• Document the scene thoroughly with photos and notes.
• Exchange contact and policy details with the other driver.
• Keep all medical and repair records together in one place.

Acting quickly can preserve important evidence, helping to ensure your insurance covers the full scope of your damages and losses.

Who Pays For Car Damage In A No-Fault State?

The answer depends on the type of insurance coverage involved and who was ultimately at fault. In Kansas, property damage is not handled under the no-fault portion of your policy. Instead, the responsibility for vehicle repairs or replacement follows fault-based rules. That means the at-fault driver’s insurance is typically on the hook for property damage.

Using Your Comprehensive Coverage

If you carry collision or comprehensive coverage, you may have the option to file a claim with your insurer. According to the Kansas Insurance Department, most auto insurance policies contain three major parts:

• Liability insurance (bodily injury and property damage)
• Collision coverage (optional)
• Comprehensive coverage (optional)

Comprehensive coverage pays for damages caused by:

• Theft
• Fire
• Flooding
• Hail and severe weather
• Vandalism
• Broken glass or windshield damage

Even though Kansas law doesn’t require you to carry this coverage, many lenders and leasing companies do. If your car is damaged in an accident, regardless of fault, your insurer may cover the cost minus your deductible.

You Use The At-Fault Driver’s Auto Insurance Policy

If another motorist was responsible for the crash, you may pursue a property damage claim against their insurer. Their policy’s liability section would typically handle repair costs to your vehicle, towing fees, and possibly rental car charges. Kansas drivers are legally required to carry property damage liability insurance, which pays for damage to another person’s vehicle or other property.

Filing against the at-fault driver’s policy may be necessary if:

• You lack collision or comprehensive coverage
• Your deductible is too high to justify a claim
• The damage exceeds your policy limits

In these situations, gathering solid evidence of the other driver’s responsibility is vital to strengthen your claim.

A Lawsuit Determines Who Pays

Sometimes, disputes arise about who was at fault or the extent of the damage. If your insurer or the at-fault driver’s insurance company denies your claim or offers too little, you may need to file a lawsuit to recover your losses.

This legal process can:

• Compel fair compensation for repair costs
• Establish the other party’s responsibility in court
• Include additional compensation for diminished value, towing, and car rental

In Kansas, drivers have a limited time to file property damage claims following an accident. The statute of limitations is generally two years from the date of the incident. Acting swiftly can make all the difference in ensuring your rights are protected.

Talk To Pyle Law About Your Next Steps

You’re not alone if you’re uncertain about who pays in a no-fault accident. Understanding the distinctions between medical and property damage coverage can be confusing, especially when emotions and expenses run high. Pyle Law can help you untangle the specifics of your policy and determine the best path forward.

Call us at 620-241-9000 to schedule a free consultation. Let’s talk about your accident, your options, and how we can help.