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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Driver License Suspended Due to Accident Without Insurance

    My question involves an injury that occurred in the state of: kansas

    My friend borrowed my un insured truck got into an accident and it was his fault. Here is the problem my DL is suspended so as his. But now the dmv wants me to get an sr22, pay the reinstatement fee. And they want me to pay for the damages caused. I rhought the driver was responsible for the accident? How can I get out of this

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Driver License Suspended Due to Accident Without Insurance

    Unless he stole your truck (to which he would get prison time for) then you thought wrong. Its still your vehicle - you can still be held responsible.

    How to get out: pay the damages and the fee.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Driver License Suspended Due to Accident Without Insurance

    Since YOU did not have insurance on your truck, YOU are liable for the SR22 issue as you have proven yourself not trustworthy by maintaining insurance as required by law. Your license is suspended because you did not maintain insurance on your vehicle. How is that your friends fault?


    to the liability for the accident;

    if the driver of your vehicle was at fault, the ultimate liability lies with them BUT since it is your vehicle, you would likely be included in any suit to recover damages. There is an inherent concern of liability simply because it is your car and you allowed your friend to drive it. I do not see how the state is demanding you pay the damages of the accident.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driver License Suspended Due to Accident Without Insurance

    Suspension is governed by KSA Sec. 40-3104; see also Sec. 40-3118.
    Quote Quoting KSA Sec. 40-3104(j)
    (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.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,916

    Default Re: Driver License Suspended Due to Accident Without Insurance

    The driver is responsible for his negligence.

    You are responsible for allowing your un-insured truck to be operated in violation of financial responsibility laws. That has nothing to do with the damage or injury to other parties.

    You might also be responsible for the damage or injury to other parties due to negligent entrustment but that could be iffy.

    Bottom line: You "get out of this" by getting the SR22, paying the fee, and paying higher insurance rates for the next 3 years.

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