Car accidents are an unfortunate part of life. Knowing what to do after a car crash is critical whether you’re in a minor fender-bender or a multi-car pileup. If you don’t take specific steps immediately after your motor-vehicle accident, you may jeopardize your chances of financial recovery.
You must report any accident that results in personal injury or vehicle damage. Kansas law is very clear on that. Here, we’ll discuss Kansas’ car accident reporting laws. We will also explain how to report a crash if law enforcement doesn’t investigate the crash.
Read on to learn more about filing a car accident report in Kansas.
When Do I Need to Report a Car Accident?
According to Kansas law, you don’t have to report all auto accidents. But, rather than risk penalties for non-reporting, it’s best to err on the side of caution. Even if state law doesn’t need a crash report, you’ll still need to report it to the insurance company.
Knowing when to report a Kansas car accident can be confusing. Every state has specific laws governing car accident reporting procedures, and Kansas is no exception. The good news is that Kansas law only needs motorists to report accidents to the police in certain circumstances.
Generally, you do not have to file an accident report if the police arrive at the accident scene. The police report will suffice for crash reporting. If the police don’t come to the scene, you must report all car crashes that result in the following:
- Any of the drivers or passengers suffer bodily injury or death
- You are unable to exchange information with the other driver
- There is more than $1,000 in property damage
If you fail to report a car accident in Kansas, the state may suspend your driver's license until you file the crash report. If you don’t file your report after 30 days, the state can charge you with a misdemeanor punishable by up to a month in jail.
The below chart offers more information about filing a car accident report in Kansas.
Statutes |
Kansas Uniform Act Regulating Traffic Sections 8-1604, 8-1605, and 8-1609 |
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When to report |
A driver of a vehicle involved in an accident doesn't need to report a car accident if a police officer comes to the scene of the accident.
If a police officer does not come to the scene, a motorist must report the accident if any of the following conditions apply:
- The accident caused more than $1,000 in property damage
- The crash resulted in bodily injury or death
- You can't get the other driver's name, contact information, and insurance information
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How to file your crash report |
- Drivers must report the crash to the nearest office of a "duly authorized police authority," including the Kansas Highway Patrol, county sheriff's office, or local police department.
- Drivers must report accidents "immediately" by the quickest available means of communication.
- If a driver hits an unattended car and causes damage, the driver must report the incident to the local police "without unnecessary delay."
- Once a driver makes an oral report of an accident, they don’t have to file a written accident report unless the Kansas division specifically requires it.
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Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.
Exchanging Information With the Other Driver
As stated above, Kansas law requires you to file an accident report if you can't exchange information with the other driver. Usually, both drivers would give the police officer this information. But, if the police do not come to the scene, it's up to the drivers to exchange this information.
Specifically, you must exchange the following with the other driver(s):
- Name and contact information
- Registration number
- Driver’s license number
- Auto insurance company name
- Car insurance policy number
If you’re involved in a hit-and-run, you can't exchange information with the other driver. This is why the law requires you to file a car accident report. You should give the insurance company a copy of this report when you file your insurance claim.
What if You Damage Private Property or an Unattended Vehicle?
Even if you’re a careful driver, there’s a chance you may hit an unattended vehicle. You may lose control of your car and hit a parked car. Or you may accidentally run into someone’s fence or shrubs.
According to Kansas Statute § 8-1605, you must report this type of motor vehicle accident. You also must notify the owner of the vehicle or property.
You should take the following steps immediately after colliding with an unattended vehicle or private property:
- Try to locate the owner or operator of the vehicle or property
- If you locate them, give them your name, contact information, insurance information, and registration number
- If you can't locate the owner/operator, leave this information in writing in a conspicuous place
- If you can't find the owner/operator, contact the local police and report the incident
Your Personal Injury Lawyer Can Use the Crash Report to Prove Your Case
Not only does the law require you to report most car accidents, but the crash report can also help prove your case. Of course, the most valuable piece of evidence in any injury claim is the police report. But if the police don’t investigate the crash, you won’t have the benefit of this report. This is when your crash report comes in handy.
To recover damages, a plaintiff must prove that the at-fault driver caused the accident. To do this, they must prove negligence. Once police clear the accident scene, it is nearly impossible to get the information in a motor vehicle accident report. If you file an auto accident report, your personal injury attorney can access much of this information.
Your own insurance company will also rely on the accident report when investigating your claim. If you hope to recover damages, document the accident any way you can.
Some of the damages you may demand in your personal injury claim include:
- Medical bills and future medical expenses
- Lost wages
- Lost future income
- Property damage
- Pain and suffering
Even if you don’t suffer a serious injury, you will experience out-of-pocket expenses. You may need to spend thousands of dollars to fix your car. If you suffer a minor injury, such as whiplash, you may still miss a few days (or weeks) from work. The at-fault driver should be responsible for these expenses. The best way to make this happen is to report the collision immediately.
Filing a Car Accident Claim? A Kansas Injury Lawyer Can Help
Car accidents can cause chaos in your life. If you're struggling with the aftermath of your car accident injuries, contact an expert for legal advice. A skilled car accident lawyer will review your case and tell you how best to proceed.
Get started today and contact a Kansas motor vehicle accident attorney near you for peace of mind.
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