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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; proof of liability insurance or financial security by electronic means, restrictions. (a) (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person, or damage to any attended vehicle or property, shall give such driver's name, address and the registration number of the vehicle such driver is driving, and upon request shall exhibit such driver'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.

(2) Such driver, insofar as possible, shall immediately make efforts to determine whether any person involved in such accident was injured or killed, 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) If no police officer is present, the driver of any vehicle involved in such accident, or any occupant of such vehicle 18 years of age or older, shall immediately report such accident, by the quickest available means of communication, to the nearest office of a duly authorized police authority if:

(1) There is apparently property damage of $1,000 or more;

(2) any person involved in the accident is injured or killed; or

(3) the persons specified in subsection (a) are not present or in condition to receive such information.

(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. Such evidence also may be produced by displaying on a cellular phone or other type of portable electronic device evidence of financial security required by this subsection. Any person to whom such evidence of financial security is displayed shall view only such evidence of financial security. Such person shall be prohibited from viewing any other content or information stored on such cellular phone or other portable electronic devices. 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; L. 2011, ch. 80, § 2; L. 2013, ch. 19, § 2; July 1.

Source or prior law:


Cross References to Related Sections:

Autonomous motor vehicles, see 8-2904.

Law Review and Bar Journal References:

"A Law Teacher Looks at the Good Samaritan Story," Paul B. Rasor, 31 W.L.J. 71, 76 (1991).

Attorney General's Opinions:

Motor vehicle liability insurance; application to non-resident motorists. 84-113.


1. Insurance information requirement hereunder primarily regulatory; potential for self-incrimination outweighed by state's interest; interrogation investigatory, not custodial. State v. Greenberg, 4 K.A.2d 403, 405, 406, 607 P.2d 530.

2. Violation of city ordinance prohibiting same act does not count toward conviction under K.S.A. 8-285 (before 1982 amendment). State v. Wood, 231 K. 699, 701, 647 P.2d 1327 (1982).

3. Noted; vehicular homicide (K.S.A. 21-3405), DUI (K.S.A. 8-1567) convictions; audio/visual recording of proceedings, MADD AND SADD buttons in courtroom, restitution sentence discussed. State v. McNaught, 238 K. 567, 713 P.2d 457 (1986).

4. Unsworn traffic citation no longer allowed as complaint; requirement of verified complaint to commence prosecution noted. State v. Fraker, 242 K. 466, 467, 748 P.2d 868 (1988).

5. Prearrest inquiry of driver during investigation of accident as noncustodial interrogation noted; no violation of Miranda rules. State v. Almond, 15 K.A.2d 585, 587, 811 P.2d 529 (1991).

6. Noted in holding that uninsured motorist coverage and PIP benefits not applicable to occupants shot after minor collision. Hamidian v. State Farm Fire & Cas. Co., 251 K. 254, 257, 833 P.2d 1007 (1992).

7. Duty imposed or lack thereof on driver in vehicular accident to render aid to person injured in accident examined. Peoples Bank of Pratt v. Integral Ins. Co., 251 K. 809, 818, 840 P.2d 503 (1992).

8. Single-car, noninjury accident does not require remaining at scene unless property of another is damaged. State v. Holm, 41 K.A.2d 1096, 208 P.3d 325 (2009).

9. Offenses of leaving the scene of an injury accident and failure to give information are multiplicitous. State v. Heironimus, 51 K.A.2d 841, 846, 356 P.3d 427 (2015).

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