Kansas Car Insurance Laws: Minimum Coverage, Penalties and SR-22

Every Kansas vehicle owner must carry motor vehicle liability insurance with limits of at least $25,000 for bodily injury or death of one person in any one accident, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for damage to others' property in one accident (25/50/25). Policies must also include personal injury protection (PIP) benefits and uninsured/underinsured motorist coverage. Minimum PIP benefits include medical benefits of at least $4,500 per person, disability (lost income) benefits of at least $900 per month for up to one year, rehabilitation benefits of at least $4,500, survivors' benefits of at least $900 per month, funeral benefits of up to $2,000, and substitution (essential services) benefits of up to $25 per day for up to 365 days. Owners of vehicles under an approved self-insurance plan are exempt from the insurance requirement.

Kansas is a no-fault state. Every policy must include personal injury protection (PIP), which pays the injured person's own medical, lost-income and related benefits up to the required limits regardless of fault. An injured person may sue the at-fault driver for pain, suffering, mental anguish, inconvenience and other non-economic loss only if medical treatment has a reasonable value of $2,000 or more, or the injury involves permanent disfigurement, a fracture of a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or death.

Uninsured motorist coverage is required in every auto liability policy for a vehicle registered or principally garaged in Kansas, with limits equal to the bodily injury liability limits sold to the named insured, and it must include underinsured motorist coverage. The named insured may reject, in writing, only the portion of UM/UIM coverage above the state minimum bodily injury limits; that rejection binds everyone insured under the policy and carries over to later policies from the same insurer unless the named insured asks in writing for the coverage.

Drivers must show evidence of financial security to a law enforcement officer on request, and may show it on a cell phone or other portable electronic device (the officer may view only that proof). Acceptable proof includes the policy or an insurer-issued ID card or certificate showing the insurer, policy number, vehicle and coverage dates. A driver who cannot show proof may be cited, but cannot be convicted if valid proof is produced in court within 10 days of the citation. Proof of insurance for each vehicle is also required to register or renew a license plate, and the Division of Vehicles verifies a number of insurance certifications each year.

Driving or allowing an uninsured vehicle to be driven is a class B misdemeanor punishable by a fine of $300 to $1,000, up to six months in county jail, or both; a subsequent offense within three years of a prior conviction is a class A misdemeanor with a fine of $800 to $2,500. When the Division of Vehicles has evidence that coverage lapsed, it notifies the owner, who has 10 days to prove continuous coverage or request a hearing; otherwise the vehicle registration is revoked and driving privileges are suspended 30 days after notice. After an accident report or insurer denial of coverage, the licenses of uninsured drivers and owners can be suspended and registrations revoked. Reinstatement requires filing proof of insurance and paying a $100 reinstatement fee ($300 if the owner's registration was revoked within one year of a prior revocation). Giving a false certification of financial security is a class A misdemeanor.

For violations listed in K.S.A. 8-285, the Division of Vehicles director may require the person to carry insurance with the insurer keeping evidence of it on file with the Division for one year. The insurer must immediately notify the Division if the policy ends, and that notice is treated as evidence that the person has no financial security. A registration or license suspended for lack of insurance stays suspended until this proof of insurance is filed and the reinstatement fee is paid.

An insurer generally may not cancel or refuse to renew an auto policy until at least 30 days after mailing a termination notice by certified or registered mail (or another approved tracking method) to the insured's latest address; exceptions include nonpayment of premium and cancellation requested by the insured. The notice must state that continuous coverage is required, that driving without it is a class B misdemeanor with a $300 to $1,000 fine, and that the registration and driver's license are subject to suspension. Once a policy has been in effect 60 days (or immediately for a renewal), it may be canceled only for nonpayment, fraudulent misrepresentation, violation of policy terms, or certain driver-related reasons (license suspension or revocation; epilepsy or heart attack without a physician's certificate; or, within the prior 36 months or during the policy, convictions such as any felony, vehicular homicide or assault, DUI, leaving the scene, vehicle theft, false license statements, or a third moving violation within 18 months). A policy may not be canceled solely because of age.

To get a salvage title, the owner completes the Salvage, Non-Highway or Non-Repairable Affidavit (Form TR-13) and submits it with the current title and an insurer letter showing the vehicle was salvaged; a salvage vehicle cannot be driven with plates (a one-day inspection permit is available). After repairs, the vehicle must pass a Kansas Highway Patrol inspection (MVE-1) to receive a rebuilt salvage decal and title. The salvage brand stays on all later Kansas titles. Vehicles designated nonrepairable cannot be titled or registered in Kansas.

In a sale, the seller assigns the title to the buyer, completing everything except the buyer's printed name and signature (with a Bill of Sale, Form TR-12, if there is no space for the price), keeps a copy of the assigned title, removes the plates, and may file a Seller's Notification of Sale (Form TR-216). Only antique vehicles may be transferred by bill of sale alone. The buyer applies at the county treasurer's motor vehicle office in the county where the vehicle will be kept, with the assigned title and proof of insurance, within 60 days of purchase to avoid a penalty; the title fee is $10. A lienholder must sign a notarized Lienholder's Consent to Transfer Ownership (Form TR-128). Gifts use the Vehicle Gift Certification on Form TR-12 (or Form TR-215 between certain relatives). Heirs use a Decedent's Title (TR-83a) or Claim of Heir Affidavit (TR-83b) with Form TR-128. Vehicles titled or bought out of state need a Kansas Highway Patrol VIN inspection (MVE-1) before titling.

The Kansas Department of Revenue says new residents apply for a Kansas title and registration once the vehicle has been located in Kansas for 90 days or more. The vehicle and title must first be taken to a Kansas inspection station for a VIN inspection (MVE-1); then the owner takes the title, the pink MVE-1 copy, proof of insurance and the current registration from the prior state to the county treasurer. If a lienholder holds the title, it must provide copies of the front and back.