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Kansas did not change its underinsured motorist (UIM) rules in 2026. Senate Bill 147, which would have barred insurers from reducing UIM coverage because of the at-fault driver’s liability limit or payment, got a Senate committee hearing on February 10, 2026, and the Kansas Legislature’s bill page now lists it as “Died.” K.S.A. 40-284 still governs your coverage as written.

Key Findings

  • No new law: SB 147 did not pass. The Kansas Legislature’s bill page lists its status as Died as of October 11, 2026.
  • What it proposed: UIM coverage could not be reduced because of any liability limit or payment by or on behalf of the other driver or any third party, for policies sold or renewed on or after January 1, 2026.
  • Current rule: Under K.S.A. 40-284(b), UIM coverage applies only to the extent it exceeds the other driver’s bodily injury limits. If your UIM limit does not exceed theirs, UIM generally does not apply.
  • Before you settle: If you tentatively agree to settle for the at-fault driver’s liability limits, Kansas law requires written notice to your UIM insurer by certified mail.

Did Kansas change underinsured motorist coverage in 2026?

No. SB 147 was introduced on February 3, 2025, at the request of the Kansas Trial Lawyers Association. It would have amended K.S.A. 40-284 to add one key rule: UIM coverage could not be reduced because of any liability limit or payment by or on behalf of the owner or operator of the other vehicle or any third party. Critics of the current rule often call this issue the UIM “offset.”

The Senate Committee on Financial Institutions and Insurance heard the bill on February 10, 2026. Supporters included the sponsoring trial lawyers’ group, injury attorneys and private citizens. Insurer trade groups, including the National Association of Mutual Insurance Companies and the American Property Casualty Insurance Association, testified in opposition. The Legislature’s bill page now lists the bill as Died.

DiedSB 147 status on the Kansas Legislature website (Oct 11, 2026)
Feb 102026 Senate committee hearing on SB 147
25/50/25Kansas minimum liability limits (in thousands)

How does Kansas underinsured motorist coverage work today?

K.S.A. 40-284 requires auto liability policies delivered or issued in Kansas for vehicles registered or principally garaged in the state to include uninsured motorist (UM) coverage with limits equal to the policy’s bodily injury liability limits. That UM coverage must include a UIM provision with limits equal to the UM limits. The statute extends UIM coverage only to the extent it exceeds the bodily injury limits carried by the other driver.

Kansas courts have applied that wording as a threshold. In Halsey v. Farm Bureau Mutual Insurance Co. (2003), the Kansas Supreme Court held that UIM coverage does not apply when it equals or does not exceed the limits of the policy covering the other vehicle. In practice, if you carry $50,000 in UIM coverage and the at-fault driver also carries $50,000 in bodily injury liability, your UIM limit does not exceed theirs and UIM generally does not apply. If the at-fault driver carries $25,000, your $50,000 limit does exceed theirs, so UIM coverage can apply. How much your insurer pays then depends on your damages and your policy.

Current law
UIM applies only to the extent it exceeds the other driver’s limits In effect
$50,000 UIM against $50,000 at-fault limits: UIM generally does not apply
K.S.A. 40-284(b) ties UIM availability to the at-fault driver’s bodily injury limits. Kansas courts have applied this as a threshold test.
SB 147 (2025-26 session)
Would have barred reductions tied to the other driver’s limit or payment Died
Introduced February 3, 2025; heard February 10, 2026
As introduced, it would have covered policies sold or renewed on or after January 1, 2026. It did not become law, so that date never took effect.

The idea has come up before. A similar bill, House Bill 2707, was introduced in the 2024 session under the title “UIM transparency in insurance act,” also at the request of the Kansas Trial Lawyers Association.

Understand Your Kansas UIM Coverage

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What should Kansas drivers do now?

Nothing about your coverage changed because of SB 147, but the rules that do apply are easy to overlook. Start with your declarations page, then check a few specific items.

Check your declarations page
Know your exact UM and UIM limits
The declarations page lists your bodily injury liability limits and your UM/UIM limits. Under K.S.A. 40-284, UM limits match your bodily injury limits and UIM limits match your UM limits, unless higher limits were rejected in writing.
Look for a written rejection
Only coverage above the minimum can be rejected
The named insured can reject in writing the UM coverage that is above the minimum limits in K.S.A. 40-3107 ($25,000 per person and $50,000 per accident), and that rejection applies to everyone insured under the policy. If you do not remember signing one, ask your insurer for a copy.
Notify your insurer before accepting a limits settlement
Written notice by certified mail is required
If you tentatively agree to settle for the at-fault driver’s liability limits, K.S.A. 40-284(f) requires written notice to your UIM insurer by certified mail, with documentation of your losses such as medical bills. The insurer then has 60 days to substitute its own payment for the settlement amount. In Dalke v. Allstate Insurance Co. (1997), a Kansas court found that settling and releasing the at-fault driver without notice forfeited the UIM claim. Talk to a Kansas attorney before signing a release.
Ask your agent about higher limits
Higher limits leave more room above other drivers’ limits
Because UIM applies only when your limit exceeds the other driver’s, the limits you choose matter. Ask what limits are available at renewal and what they cost, and request any answer about how your policy applies K.S.A. 40-284 in writing.

Frequently Asked Questions About Kansas UIM Coverage

Did Kansas pass a law in 2026 ending the UIM offset?

No. Senate Bill 147, which would have barred reductions of UIM coverage because of the at-fault driver’s liability limit or payment, had a Senate committee hearing on February 10, 2026. The Kansas Legislature’s bill page lists it as Died as of October 11, 2026, so it did not change K.S.A. 40-284.

Does Kansas UIM coverage pay if the at-fault driver has the same limits as mine?

Generally not. K.S.A. 40-284(b) makes UIM coverage available only to the extent it exceeds the other driver’s bodily injury limits, and the Kansas Supreme Court held in Halsey v. Farm Bureau Mutual Insurance Co. (2003) that UIM coverage does not apply when its limits equal or do not exceed the limits of the other driver’s policy. How your per-person and per-accident limits compare with theirs can change the result, so ask your insurer or a Kansas attorney about your specific claim.

Do I have to notify my insurer before settling with an underinsured driver in Kansas?

Yes. If you reach a tentative agreement to settle for the at-fault driver’s liability limits, K.S.A. 40-284(f) requires you to give your UIM insurer written notice by certified mail, with documentation of your losses. The insurer then has 60 days to substitute its own payment for the settlement amount. A Kansas Court of Appeals decision, Dalke v. Allstate Insurance Co. (1997), found that settling and releasing the at-fault driver without notice forfeited the right to UIM recovery.

Can I reject underinsured motorist coverage in Kansas?

Only in part. K.S.A. 40-284(c) lets the named insured reject in writing the uninsured motorist coverage that is above the minimum limits in K.S.A. 40-3107, which are $25,000 per person and $50,000 per accident for bodily injury. UIM limits must equal UM limits.

The Bottom Line for Kansas Drivers

Kansas drivers did not gain new underinsured motorist rights in 2026. SB 147 would have changed how UIM coverage interacts with the at-fault driver’s limits, but it died, and K.S.A. 40-284 still applies as written. Under that statute, UIM coverage reaches only as far as your limits exceed the other driver’s.

That makes your limits and your paperwork the practical priorities. Confirm your UM and UIM limits, check whether you ever rejected higher limits in writing, and give your insurer proper notice before accepting any liability-limits settlement. For a specific claim, a Kansas attorney or your insurer can tell you how the statute applies.


Disclaimer: This article is for informational purposes only and is not professional insurance, legal or financial advice. Rates, rules and deadlines vary by insurer, state and driver, and can change. Confirm details with a licensed agent, your insurer or your state department of insurance before making a coverage decision.

How We Verified This

We verified this article against primary sources opened and read on October 15, 2026:

  • The Kansas Legislature’s SB 147 bill page, which lists the bill’s introduction date (February 3, 2025), committee hearing (February 10, 2026) and final status (Died in Committee, April 10, 2026).
  • The full text of SB 147 as introduced, downloaded from the Kansas Legislature’s website.
  • K.S.A. 40-284 from the Kansas Office of Revisor of Statutes, including subsections (b), (c) and (f).
  • K.S.A. 40-3107 for Kansas minimum liability limits.
  • The Kansas Supreme Court’s opinion in Halsey v. Farm Bureau Mutual Insurance Co., 275 Kan. 129 (2003), confirming the limits-to-limits comparison rule.
  • The Kansas Court of Appeals’ opinion in Dalke v. Allstate Insurance Co., 23 Kan. App. 2d 742 (1997), confirming the notice requirement before settlement.

We were not able to independently verify any facts that contradict the statements above. All links in Sources were opened and confirmed to support the text.

Sources

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