Friday, November 4, 2011

Driving Without Insurance: What do I do if I'm pulled over or I am in an accident and I dont have insurance?



There are two common scenarios that play out when people call me with tickets for driving without insurance.  One is an easy fix and one is not an easy fix.

1.  You got pulled over and you HAVE insurance but you didn't have the insurance card or you didn't have the current card.

This is an easy fix and you don't need an attorney to take care of it for you.  Take the insurance card that you should of had with you, (the card showing that you had valid coverage on the date you were pulled over) and fax it or drop it off at the court that issued you the ticket.  Most of the time the court clerk will have authorization to dismiss the ticket from the prosecutor.  If not then take it with you and go to court and they will nearly always dismiss the ticket for driving without insuranceBut remember, the insurance actually had to be valid.  It can not just be the card that the insurance company sent you in the mail before you paid your premium.  The premium actually had to have been paid!  The State will confirm that you actually had valid insurance on the date you got pulled overIf you didn't pay your premium then the coverage will not check out and the state will suspend your license!

2.  The second scenario is not an easy fix.  You got pulled over and you DID NOT HAVE insurance.

If you drive in the state of Kansas without insurance you are taking big risks.  You are risking your financial assets if you get in an accident and you are risking your privilege to drive also.  Driving without insurance is a very quick way to get your driver's license suspended and have to pay a hefty fine.  Here are the state mandated punishments for Driving without insurance. (Notice the Highlighted Sections)

(g) (1)   Any person violating any provision of this section shall be guilty of a class B misdemeanor and shall be subject to a fine of not less than $300 nor more than $1,000 or confinement in the county jail for a term of not more than six months, or both such fine and confinement.
      (2)   Any person convicted of violating any provision of this section within three years of any such prior conviction shall be guilty of a class A misdemeanor and shall be subject to a fine of not less than $800 nor more than $2,500.
      (h)   In addition to any other penalties provided by this act for failure to have or maintain financial security in effect, the director, upon receipt of a report required by K.S.A. 8-1607 or 8-1611, and amendments thereto, or a denial of such insurance by the insurance company listed on the form prescribed by the secretary of revenue pursuant to subsection (d) of this section, shall, upon notice and hearing as provided by K.S.A. 40-3118, and amendments thereto:
      (1)   Suspend:
      (A)   The license of each driver in any manner involved in the accident;
      (B)   the license of the owner of each motor vehicle involved in such accident, unless the vehicle was stolen at the time of the accident, proof of which must be established by the owner of the motor vehicle. Theft by a member of the vehicle owner's immediate family under the age of 18 years shall not constitute a stolen vehicle for the purposes of this section;
      (C)   if the driver is a nonresident, the privilege of operating a motor vehicle within this state; or
      (D)   if such owner is a nonresident, the privilege of such owner to operate or permit the operation within this state of any motor vehicle owned by such owner; and
      (2)   revoke the registration of all vehicles owned by the owner of each motor vehicle involved in such accident.
      (i)   The suspension or revocation requirements in subsection (h) shall not apply:
      (1)   To the driver or owner if the owner had in effect at the time of the accident an automobile liability policy as required by K.S.A. 40-3107, and amendments thereto, with respect to the vehicle involved in the accident;
      (2)   to the driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy with respect to such driver's driving of vehicles not owned by such driver;
      (3)   to any self-insurer as defined by subsection (u) of K.S.A. 40-3103, and amendments thereto;
      (4)   to the driver or owner of any vehicle involved in the accident which was exempt from the provisions of this act pursuant to K.S.A. 40-3105, and amendments thereto;
      (5)   to the owner of a vehicle described in subsection (a)(2).
      (j) (1)   For the purposes of provisions (1) and (2) of subsection (i) of this section, the director may require verification by an owner's or driver's insurance company or agent thereof that there was in effect at the time of the accident an automobile liability policy as required in this act.
      (2)   Subject to the provisions of subsection (k), any suspension or revocation effected hereunder shall remain in effect until such person:
      (A)   Has filed satisfactory proof of financial security with the director as required by subsection (d) of K.S.A. 40-3118 and amendments thereto;
      (B)   has paid the reinstatement fee herein prescribed; and
      (C) (i)   has been released from liability;
      (ii)   is a party to an action to determine liability pursuant to which the court temporarily stays such suspension pending final disposition of such action;
      (iii)   has entered into an agreement for the payment of damages; or
      (iv)   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.
      (3)   The reinstatement fee shall be $100 except that if the registration of a motor vehicle of any owner is revoked within one year following a prior revocation of the registration of a motor vehicle of such owner under the provisions of this act such fee shall be $300.

If you receive a ticket for no insurance you need to contact an Attorney that specializes in Traffic Law.  No Insurance tickets qualify for the Kansas Habitual Offender Act and have very serious implications on your licenseYou could lose your license for 3 years if you make the wrong decisions.

If you need help call our office for a free consultation.

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