Article 16.--UNIFORM ACT REGULATING TRAFFIC; ACCIDENTS AND ACCIDENT REPORTS
8-1604.Duty of driver to give certain information after accident;
failure to provide proof of liability insurance or financial security; duty
to render aid after accident.
(a) The driver of any vehicle involved in an accident resulting in
injury to or death of any person, or damage to any vehicle or other
property which is driven or attended by any person, shall give such person's
name, address and the registration number of the
vehicle
such person is driving, and upon request shall
exhibit
such person's license or permit to drive, the name of the company with
which there is
in effect a policy of motor vehicle liability insurance covering the vehicle
involved in the accident and the policy number of such policy to any person
injured in such accident or to
the driver or occupant of or person attending any vehicle or other
property damaged in such accident, and shall give such information and
upon request exhibit such license or permit and the name
of the insurer and policy number, to any police officer at the
scene of the accident or who is investigating the accident and shall
render to any person injured in such accident reasonable assistance,
including the carrying, or the making of arrangements for the carrying
of such person to a physician, surgeon or hospital for medical or
surgical treatment if it is apparent that such treatment is necessary,
or if such carrying is requested by the injured person.
(b) In the event that none of the persons specified are in condition
to receive the information to which they otherwise would be entitled
under subsection (a) of this section, and no police officer is present,
the driver of any vehicle involved in such accident after fulfilling all
other requirements of K.S.A. 8-1602, and amendments thereto, and
subsection (a) of this section,
insofar as possible on such person's part to be
performed, shall forthwith
report such accident to the nearest office of a duly authorized police
authority and submit thereto the information specified in subsection (a)
of this section.
(c) Unless the insurance company subsequently submits an insurance
verification form indicating that insurance was not in force, no person
charged with failing to provide the name of such
person's insurance company and policy number as required in subsection (a),
shall be convicted if such person produces in court, within 10 days
of the date of arrest or of issuance
of the citation, evidence of
financial security for the motor vehicle operated, which was valid at the
time of arrest or of issuance of the citation. For the purpose of this
subsection, evidence of financial
security shall be provided by a policy of motor vehicle liability
insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy
number, make and year of the vehicle and the effective and expiration dates
of the policy, or a certificate of self-insurance signed by the commissioner of
insurance. Upon the production
in court of evidence of
financial security, the court shall
record the information
displayed thereon on the insurance verification form prescribed by the
secretary of revenue, immediately forward such form to the department of
revenue, and
stay any further proceedings on the
matter pending a request from the prosecuting attorney that the matter be
set for trial.
Upon receipt of such form the department shall mail the form to the named
insurance company for verification that insurance was in force on the date
indicated on the form. It shall be the duty of insurance companies to
notify the department within 30 calendar days of the receipt of such forms
of any insurance that was not in force on the date specified. Upon return
of any form to the department indicating that insurance was not in force on
such date, the department shall immediately forward a copy of such form to
the office of the prosecuting attorney or the city clerk of the
municipality in which such prosecution is pending when the prosecuting
attorney is not ascertainable. Receipt of any completed form indicating
that insurance was not in effect on the date specified shall be prima facie
evidence of failure to provide proof of financial security and violation of
this section. A
request that the matter be set for trial shall be made immediately following the
receipt by the prosecuting attorney of a copy of the form from the
department of revenue indicating that insurance was not in force. Any
charge hereunder shall be dismissed if no request for a trial setting has
been made within 60 days of the date evidence of financial security was
produced in court.
History: L. 1974, ch. 33, § 8-1604; L. 1978, ch. 38, § 1; L.
1984, ch. 174, § 1;
L. 1988, ch. 161, § 1;
L. 1996, ch. 51, § 1; July 1.
Article 16.--UNIFORM ACT REGULATING TRAFFIC; ACCIDENTS AND ACCIDENT REPORTS
8-1604.Duty of driver to give certain information after accident;
failure to provide proof of liability insurance or financial security; duty
to render aid after accident.
(a) The driver of any vehicle involved in an accident resulting in
injury to or death of any person, or damage to any vehicle or other
property which is driven or attended by any person, shall give such person's
name, address and the registration number of the
vehicle
such person is driving, and upon request shall
exhibit
such person's license or permit to drive, the name of the company with
which there is
in effect a policy of motor vehicle liability insurance covering the vehicle
involved in the accident and the policy number of such policy to any person
injured in such accident or to
the driver or occupant of or person attending any vehicle or other
property damaged in such accident, and shall give such information and
upon request exhibit such license or permit and the name
of the insurer and policy number, to any police officer at the
scene of the accident or who is investigating the accident and shall
render to any person injured in such accident reasonable assistance,
including the carrying, or the making of arrangements for the carrying
of such person to a physician, surgeon or hospital for medical or
surgical treatment if it is apparent that such treatment is necessary,
or if such carrying is requested by the injured person.
(b) In the event that none of the persons specified are in condition
to receive the information to which they otherwise would be entitled
under subsection (a) of this section, and no police officer is present,
the driver of any vehicle involved in such accident after fulfilling all
other requirements of K.S.A. 8-1602, and amendments thereto, and
subsection (a) of this section,
insofar as possible on such person's part to be
performed, shall forthwith
report such accident to the nearest office of a duly authorized police
authority and submit thereto the information specified in subsection (a)
of this section.
(c) Unless the insurance company subsequently submits an insurance
verification form indicating that insurance was not in force, no person
charged with failing to provide the name of such
person's insurance company and policy number as required in subsection (a),
shall be convicted if such person produces in court, within 10 days
of the date of arrest or of issuance
of the citation, evidence of
financial security for the motor vehicle operated, which was valid at the
time of arrest or of issuance of the citation. For the purpose of this
subsection, evidence of financial
security shall be provided by a policy of motor vehicle liability
insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy
number, make and year of the vehicle and the effective and expiration dates
of the policy, or a certificate of self-insurance signed by the commissioner of
insurance. Upon the production
in court of evidence of
financial security, the court shall
record the information
displayed thereon on the insurance verification form prescribed by the
secretary of revenue, immediately forward such form to the department of
revenue, and
stay any further proceedings on the
matter pending a request from the prosecuting attorney that the matter be
set for trial.
Upon receipt of such form the department shall mail the form to the named
insurance company for verification that insurance was in force on the date
indicated on the form. It shall be the duty of insurance companies to
notify the department within 30 calendar days of the receipt of such forms
of any insurance that was not in force on the date specified. Upon return
of any form to the department indicating that insurance was not in force on
such date, the department shall immediately forward a copy of such form to
the office of the prosecuting attorney or the city clerk of the
municipality in which such prosecution is pending when the prosecuting
attorney is not ascertainable. Receipt of any completed form indicating
that insurance was not in effect on the date specified shall be prima facie
evidence of failure to provide proof of financial security and violation of
this section. A
request that the matter be set for trial shall be made immediately following the
receipt by the prosecuting attorney of a copy of the form from the
department of revenue indicating that insurance was not in force. Any
charge hereunder shall be dismissed if no request for a trial setting has
been made within 60 days of the date evidence of financial security was
produced in court.
History: L. 1974, ch. 33, § 8-1604; L. 1978, ch. 38, § 1; L.
1984, ch. 174, § 1;
L. 1988, ch. 161, § 1;
L. 1996, ch. 51, § 1; July 1.
Article 16.--UNIFORM ACT REGULATING TRAFFIC; ACCIDENTS AND ACCIDENT REPORTS
8-1604.Duty of driver to give certain information after accident;
failure to provide proof of liability insurance or financial security; duty
to render aid after accident.
(a) The driver of any vehicle involved in an accident resulting in
injury to or death of any person, or damage to any vehicle or other
property which is driven or attended by any person, shall give such person's
name, address and the registration number of the
vehicle
such person is driving, and upon request shall
exhibit
such person's license or permit to drive, the name of the company with
which there is
in effect a policy of motor vehicle liability insurance covering the vehicle
involved in the accident and the policy number of such policy to any person
injured in such accident or to
the driver or occupant of or person attending any vehicle or other
property damaged in such accident, and shall give such information and
upon request exhibit such license or permit and the name
of the insurer and policy number, to any police officer at the
scene of the accident or who is investigating the accident and shall
render to any person injured in such accident reasonable assistance,
including the carrying, or the making of arrangements for the carrying
of such person to a physician, surgeon or hospital for medical or
surgical treatment if it is apparent that such treatment is necessary,
or if such carrying is requested by the injured person.
(b) In the event that none of the persons specified are in condition
to receive the information to which they otherwise would be entitled
under subsection (a) of this section, and no police officer is present,
the driver of any vehicle involved in such accident after fulfilling all
other requirements of K.S.A. 8-1602, and amendments thereto, and
subsection (a) of this section,
insofar as possible on such person's part to be
performed, shall forthwith
report such accident to the nearest office of a duly authorized police
authority and submit thereto the information specified in subsection (a)
of this section.
(c) Unless the insurance company subsequently submits an insurance
verification form indicating that insurance was not in force, no person
charged with failing to provide the name of such
person's insurance company and policy number as required in subsection (a),
shall be convicted if such person produces in court, within 10 days
of the date of arrest or of issuance
of the citation, evidence of
financial security for the motor vehicle operated, which was valid at the
time of arrest or of issuance of the citation. For the purpose of this
subsection, evidence of financial
security shall be provided by a policy of motor vehicle liability
insurance, an identification card or certificate of insurance issued to the
policyholder by the insurer which provides the name of the insurer, the policy
number, make and year of the vehicle and the effective and expiration dates
of the policy, or a certificate of self-insurance signed by the commissioner of
insurance. Upon the production
in court of evidence of
financial security, the court shall
record the information
displayed thereon on the insurance verification form prescribed by the
secretary of revenue, immediately forward such form to the department of
revenue, and
stay any further proceedings on the
matter pending a request from the prosecuting attorney that the matter be
set for trial.
Upon receipt of such form the department shall mail the form to the named
insurance company for verification that insurance was in force on the date
indicated on the form. It shall be the duty of insurance companies to
notify the department within 30 calendar days of the receipt of such forms
of any insurance that was not in force on the date specified. Upon return
of any form to the department indicating that insurance was not in force on
such date, the department shall immediately forward a copy of such form to
the office of the prosecuting attorney or the city clerk of the
municipality in which such prosecution is pending when the prosecuting
attorney is not ascertainable. Receipt of any completed form indicating
that insurance was not in effect on the date specified shall be prima facie
evidence of failure to provide proof of financial security and violation of
this section. A
request that the matter be set for trial shall be made immediately following the
receipt by the prosecuting attorney of a copy of the form from the
department of revenue indicating that insurance was not in force. Any
charge hereunder shall be dismissed if no request for a trial setting has
been made within 60 days of the date evidence of financial security was
produced in court.
History: L. 1974, ch. 33, § 8-1604; L. 1978, ch. 38, § 1; L.
1984, ch. 174, § 1;
L. 1988, ch. 161, § 1;
L. 1996, ch. 51, § 1; July 1.
