Under Kansas law, both the owner, and operator of an "uninsured vehicle" involved in an accident, may be subject to drivers license suspensions. (KSA 40-3104)
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In addition, unless proof of insurance is furnished to the Department of Revenue, Driver Control Bureau for the date of the accident, on the vehicle involved in the accident, there are several requirements that the uninsured vehicle owner/operator must fulfill prior to having their drivers license reinstated by Driver Control, (KSA 40-3104) (KSA 40-3118). These include;
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| First, |
Both the owner and driver of an uninsured automobile involved in an automobile accident are subject to the twelve (12) month continuous SR-22 “proof of insurance” filings as required by KSA 40-3118.
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| Second, |
Both the owner and driver of an uninsured automobile involved in an automobile accident are subject license suspension under KSA 40-3104 (h), KSA 40-3118.
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| Third, |
Both the owner and driver of an uninsured automobile will be required to pay the appropriate reinstate fee to the department as required by this statute KSA 40-3104(j), of either $ 100 or $ 300.
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| Fourth, |
Any suspension or revocation issued under this Kansas statute shall remain in effect until satisfactory proof of financial security has been filed with the director as required by subsection (d) of KSA 40-3118, and amendments thereto, and such person has been released from liability or is a party to an action to determine liability pursuant to which the court temporarily stays such suspension pending final disposition of such action, has entered into an agreement for the payment of damages, or has been finally adjudicated not to be liable in respect to such accident and evidence of any such fact has been filed with the director and has paid the reinstatement fee herein prescribed.
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Note! Kansas statute of limitations may effect the requirements needed by the state. Accidents in which a minor is involved will effect the requirement of the state, as will accidents in which state property is involved. You should seek the help of legal council familiar with this law to understand your rights and obligation under this Kansas statute.
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Due to the complexity of this type of suspension, and the number of requirements needed for reinstatement of ones driving privileges, it it strongly suggested that you contact Driver Control, or visit with a legal council familiar with this area of the law, if your license has been suspended for this purpose.
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Note ! There may be defenses to losing your license under this statute. As with any serious driving charge and the lasting effect of such a suspension, you should explore your legal defenses if you become revoked under this statute, and seek the help of a legal council familiar with this Law. There may be other Kansas laws you are subject to if you are suspended under this law. |