Total loss · KS
Kansas total loss claims
Kansas does not fix a percentage at which an insurer must total a car. For title purposes a "salvage vehicle" includes any vehicle the insurer determines is a total loss and takes title to, and also a late model vehicle (current model year or the six before it) whose repair cost is 75 percent or more of its fair market value just before the damage, not counting purely cosmetic hail or wind damage. If the insurer’s value looks low, the dispute comes down to evidence: the right trim and options, fair comparable vehicles and explained condition adjustments.
Total loss rule
Insurer decides
Taxes and fees
Addressed by state rule
Appraisal clause
Set by your policy
Insurance regulator
Kansas law
When a vehicle is a total loss in Kansas
Insurer decides
Kansas does not fix a percentage at which an insurer must total a car. For title purposes a "salvage vehicle" includes any vehicle the insurer determines is a total loss and takes title to, and also a late model vehicle (current model year or the six before it) whose repair cost is 75 percent or more of its fair market value just before the damage, not counting purely cosmetic hail or wind damage.
Authority: K.S.A. 8-197(b)(2)
What a Kansas settlement has to include
The Kansas Insurance Department says an insurer that settles a total loss in cash must pay the actual cash value of a comparable vehicle plus all state and local sales taxes and the fees to title and register a comparable vehicle. That is owed whether the owner keeps the totaled vehicle or not, and whether or not the owner buys another vehicle; tax is figured at the rates where the car was principally garaged on the date of loss.
Authority: K.A.R. 40-1-34, as explained in Kansas Insurance Department Bulletin 2013-1 (Nov. 20, 2013)
How the insurer has to value your vehicle
According to the Kansas Insurance Department, when an insurer declares a total loss it must either offer a comparable replacement vehicle or pay cash equal to the actual cost of buying a comparable vehicle; the deductible and, if the owner keeps the car, its salvage value are then subtracted.
Authority: K.A.R. 40-1-34, as explained in Kansas Insurance Department Bulletin 2013-1 (Nov. 20, 2013)
The appraisal clause in Kansas
Our research did not find a Kansas statute or regulation on auto policy appraisal clauses, so the wording of your own policy controls: whether it has one, the deadlines, and who pays.
Keeping a totaled vehicle: Kansas title rules
An insurer that acquires a salvage vehicle in a damage settlement must apply for a salvage title within 60 days after the title is assigned to it. If the insurer settles but the owner keeps the vehicle, the insurer must tell the owner and the Division of Vehicles, and the owner must apply for a salvage title within 60 days of that notice.
Authority: K.S.A. 8-198
If you and the insurer cannot agree
- Dispute the valuation in writing with evidence. How to challenge comparables and condition deductions.
- If your policy has an appraisal clause, you can invoke it. The appraisal clause, step by step.
- File a complaint with the Kansas Department of Insurance.
- Small claims court: Kansas small claims court, for claims up to $10,000.
Sources
- K.S.A. 8-197(b)(2)
- K.A.R. 40-1-34, as explained in Kansas Insurance Department Bulletin 2013-1 (Nov. 20, 2013)
- K.S.A. 8-198
Researched October 11, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in KS
Total loss appraisals for Kansas vehicles
An independent valuation of your Kansas vehicle just before the loss, from comparable vehicles, your records and photos, reviewed by Monica Fisher. The claim review is free and the fee is quoted after we review your situation. You, or your attorney, present the report.
What the appraisal includesKansas total loss questions
When is a car a total loss in Kansas?
Kansas does not fix a percentage at which an insurer must total a car. For title purposes a "salvage vehicle" includes any vehicle the insurer determines is a total loss and takes title to, and also a late model vehicle (current model year or the six before it) whose repair cost is 75 percent or more of its fair market value just before the damage, not counting purely cosmetic hail or wind damage.
Does a Kansas total loss settlement include sales tax and fees?
The Kansas Insurance Department says an insurer that settles a total loss in cash must pay the actual cash value of a comparable vehicle plus all state and local sales taxes and the fees to title and register a comparable vehicle. That is owed whether the owner keeps the totaled vehicle or not, and whether or not the owner buys another vehicle; tax is figured at the rates where the car was principally garaged on the date of loss.
Can I keep my totaled car in Kansas?
Usually you can ask to, and the insurer deducts the salvage value. An insurer that acquires a salvage vehicle in a damage settlement must apply for a salvage title within 60 days after the title is assigned to it. If the insurer settles but the owner keeps the vehicle, the insurer must tell the owner and the Division of Vehicles, and the owner must apply for a salvage title within 60 days of that notice.
Does Autoloss prepare total loss appraisals for Kansas vehicles?
Yes. We prepare an independent valuation from your records, photos and the insurer’s report. The claim review is free, and the fee is quoted after we review your situation.
Low total loss offer in Kansas?
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.