Kansas SR22 Insurance – proof of financial responsibility

kansas dui and sr22 insurance

Kansas – proof of financial responsibility

Kansas – proof of financial responsibility – Kansas – The state of Kansas uses the SR-22 form to help protect its citizens against problem drivers by monitoring their insurance. It requires the auto insurance company to file the SR-22 form as a proof of a problem driver’s financial responsibility, stating that his/her auto insurance liability is in effect. The state does not send notifications and it is the responsibility of the driver and the auto insurance company to submit the form as well as the renewals, to the state, if required.

The statute that requires the filing of the insurance form known as “SR-22” is found in the Kansas statutes, KSA 40-3118. Although this statute did not change in the last year, the Driver Control Bureau now interprets this statute differently. The new enforcement guidelines are as follows:

Whenever the division of motor vehicles receives notice of non-compliance with the State’s requirement to maintain financial security on a motor vehicle as directed in KSA 40-3118 (a), the division will require the filing of an SR-22 as described in KSA 40-3118. The requirement of this SR-22 filing is triggered by various traffic events, including the following:

  1. Traffic officers’ DC-66 filing to the division for failure to provide proof of insurance during a traffic stop, unless proof of insurance is provided to the department within the time prescribed by KSA 40-3118(e). KSA 40-3104(d), KSA 40-3118 (e)(d).
  2. Conviction of any violation listed under the Habitual Violator Statute (KSA 8-285) (KSA 40-3118(d).
  3. Any license suspension, resulting from (noncompliance) with this statute’s requirements to maintain evidence of insurance (KSA 40-3118(d).
  4. For automobile owner and/or driver failing to provide evidence of financial security as a result of an automobile accident as required by KSA 40-3104, and KSA-40-3118(e)(d).

The division will start, or re-start in the case of a lapse of coverage, the required twelve (12) month continuous “proof of insurance” requirement for any of the events described above. KSA 40-3118(d).

As directed above, a Kansas driver convicted of a violation listed under the Habitual Violator Statute (KSA 8-285), is required by the State to maintain on file with the division of motor vehicles “proof of insurance filing” for a period of twelve (12 ) consecutive months. These Habitual Traffic Violations violations include the following:

  1. Vehicular homicide ( KSA 21-3405)
  2. DUI – including a Diversion Agreement for this offence (KSA 8-1567)
  3. Driving while Suspended or Revoked (KSA 8-262, KSA 8
  4. Perjury in violation of (KSA-261a)
  5. Violation of the fifth clause of( KSA 8-142 ), and amendments thereto relating to fraudulent applications.
  6. Any crime punishable as a felony, if a vehicle was used in that crime
  7. Failing to stop a the scene of an accident an perform duties required by (KSA 8-1602 through KSA 8-1604).
  8. Violating the Vehicle Insurance provisions of ( KSA 40-3104), relating to motor vehicle liability insurance.

This twelve (12) month “proof of insurance filing” (SR-22) required by the state must be maintained continually throughout the year with no lapse in coverage. If even a one day lapse occurs and Topeka is notified, the twelve (12) month SR-22 filing requirement re-starts, requiring a new twelve months of filing. This requirement applies whether or not such person owns a motor vehicle.

NOTE! This differs from the old enforcement of this statute which was based on a calendar 12 months. For example, if a SR-22 filing was required from January 2001 to January 2002, and the policy lapsed in April of 2001, under the old enforcement of this rule, the filing requirement would still terminate in January 2002. Under the new enforcement guidelines, the (SR-22) filing requirement would re-start for a new twelve (12) month period upon the Driver Control Bureau receiving notification from your insurance agent of current insurance coverage.

License suspension. There are License Suspension penalties for violation of KSA 40-3118. These are found in KSA 40-3118(e), which states in part:

Whenever the division of motor vehicles receives notice of non-compliance with the States requirement to maintain continuous financial security on a motor vehicle, as required under KSA 40-3118 (a) discussed above, (after sending the required notices as outlined in KSA 40-3118(e)), the division will suspend or revoke the driving privileges of the owner. This revocation will remain in effect until satisfactory proof of insurance has been filed with the director as required in KSA 40-3118(d and the appropriate reinstatement fees have been paid. (KSA 40- 3118(f)

Note! The Owner, as well as the Driver of a uninsured vehicle involved in an automobile accident is subject to license suspension under KSA 40-3104 (h)(1)(A)(B).

If a license is suspended by the department for non-compliance of any of these sections of KSA-40-3118, the division will require that an SR-22 “proof of insurance filing” be maintained for a period of twelve (12 ) continuous months as described in KSA 40-3118(d). This requirement applies whether or not such person owns a motor vehicle. KSA 40-3118(d).

The reinstatement fee has now been increased by the legislature for non compliance with KSA 40-3118 (I). Whenever the registration of a motor vehicle or the driving privileges of the owner of the vehicle are suspended for failure to maintain continuous financial security as required by KSA 40-3118, the required reinstatement fee is either $ 100 or $ 300 depending upon the number of times the drivers license, or driver’s vehicle registration has been revoked by the department.

Note! It is much easier to comply with this ( SR-22) requirement if you pay your auto insurance premiums quarterly or semi-annually. Although it is a larger expense at the time, it may help prevent the costly fees that occur with a lapse in coverage, not to mention the fines, hassle, and legal cost that can occur if your license is Suspended for non-compliance of this statute. There may be other Kansas laws you are subject to if you are charged under this law.(info from: www.defendingksdrivers.com)

The state of Kansas may require you to carry an policy for up to 3 years for one of the following violations:

  • Driving Under the Influence (DUI) of drugs and/or alcohol
  • Reckless driving
  • Evading a police officer
  • Operating a motor vehicle on a suspended, revoked, or canceled license
  • Driving without insurance

The is an add on to a standard auto insurance policy that guarantees the state will be notified of any change in status and is commonly referred to as a future financial responsibility filing. You can change insurance companies but be sure to get a new filed before the old one is cancelled.

What if I let my policy lapse?

 Once your SR-22 insurance policy has lapsed the insurance company is required to notify the state department of motor vehicles. Your driving privileges are then suspended and future action may include:
  • Additional suspension, cancellation, or revocation period
  • Possible jail sentence depending on reason
  • period will start over
  • Higher reinstatement fees and possible other violations

How much will an increase my auto insurance in Kansas?

The cost to add an SR-22 form to your auto insurance is usually $25-$50 depending on the company you choose. There is no set increase that your auto insurance will increase due to the rather the insurance will increase due to the violation that is requiring you to get the SR-22. For example if you have been convicted of a DUI the cost of insurance will increase dramatically for at least 3 years. We suggest getting quotes from multiple insurance companies so you can find the lowest rate. We offer a service to compare up to 5 different companies in less than 5 minutes.

Kansas   Requirements

 The state of Kansas requires liability insurance to protect other drivers in the event of an accident. The minimum limits are:
  • $25k Per Person Bodily Injury
  • $50k Per Accident Bodily Injury
  • $10k Property Damage

While these limits are minimum they are rarely recommended levels of coverage. Ask your insurance agent what they recommend based on your financial position.

Suspended License Information and Reinstatement

 

License suspension and revocation information is shared with all 50 states. You cannot issue a driver’s license if you have an active suspension. There is no notification when the suspension has ended as that information is on the letter you receive when action is first taken. In order to reinstate your license know your eligibility date and specific reinstatement requirements. This information can be found on the letter or from the information at the court hearing.

Court ordered suspensions require a clearance from the court while other suspensions may require an SR-22. You may be asked to take a written and/or road skills test. Reinstatement fees vary so be sure to ask the state office. If all requirements have been met to reinstate except paying the fees you can reinstate online.

Driving Under the Influence (DUI) in Kansas

 Under Kansas law, it is unlawful to operate a motor vehicle with a BAC limit above the stated limit. BAC stands for blood alcohol content. The following are limits set by law:

All Drivers – BAC LIMIT = 0.08%
Minor Drivers (under age 21) – BAC LIMIT = 0.02%
Commercial Drivers – BAC LIMIT = 0.04%

Implied Consent Law

If you refuse to submit a chemical test in Kansas these are the following penalties:< ?p>

  • First Refusal of Test – Drivers license suspension for 1 year
  • Second Refusal of Test – Drivers license suspension for 2 years
  • Third Refusal of Test – Drivers license suspension for 3 years
  • Fourth Refusal of Test – Drivers license suspension for 10 years
  • Fifth Refusal of Test – Drivers license revoked for lifetime

2010 Kansas DUI Laws

Kansas Senate Bill 368 – Concerns driving under the   influence of alcohol or drugs, and penalties for more than one violation. The most notable change relates to  a third DUI conviction; offenders will serve a 72 hour  jail sentence prior to being eligible to   participate in a work release program.

Kansas Senate Bill 586 – Increases penalties for multiple   convictions of driving under the influence. Most notable change is on a fourth or   subsequent DUI conviction a person would be guilty of a felony and   sentenced to not less than 180 days in Jail.

If you have questions, don’t hesitate to call: 877-949-7873 or 855-GET-SELECT (855-438-7353). One of our licensed agents will help you right away.

 
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