Kansas Statutes Annotated

K.S.A. § 8-1604 (2026)

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

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 18 cases (6 in the last 5 years), 1980–2025 · leading case: State v. Heironimus, 356 P.3d 427 (Kan. Ct. App. 2015).

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State v. Heironimus, 356 P.3d 427 (Kan. Ct. App. 2015). · cites it 5× “d in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in…”

State v. Montgomery, 122 P.3d 392 (Kan. Ct. App. 2005). · cites it 5× “8-1603 requires a driver involved in an accident that causes property damage to remain at the scene until he or she has fulfilled the requirements of K.S.A. 8-1604. K.S.A. 8-1604(a) requires a driver involved in an accident to provide various information about the driver, the…”

State v. Greenberg, 607 P.2d 530 (Kan. Ct. App. 1980). · cites it 2× “8-1602, making it a misdemeanor for a motorist involved in an injury accident to leave the scene without complying with what is now K.S.A. 1979 Supp. 8-1604. The latter statute (quoted in the next section) requires the motorist to give identification and, under some…”

State v. McNaught, 713 P.2d 457 (Kan. 1986). “8-1602), failure to render aid (K.S.A. 1984 Supp. 8-1604), and failure to report an injury accident (K.”

Hamidian v. State Farm Fire & Cas. Co., 833 P.2d 1007 (Kan. 1992). “Plaintiffs argue that coverage is afforded because the bump or collision between the two vehicles was the reason Saed stopped his automobile, got out, and walked to the rear to inspect possible damage thereto. They also point out that under Kansas law,' a driver is required to…”

City of Overland Park v. Estell, 653 P.2d 819 (Kan. Ct. App. 1982). “8-1602, K.S.A. 1981 Supp. 8-1604, and K.S.A. 1981 Supp.”

State v. Almond, 811 P.2d 529 (Kan. Ct. App. 1991). “K.S.A. 1990 Supp. 8-1604; 8-1611; 8-1612.”

Post v. Hanchett (D. Kan. 2024). · cites it 23× “d in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in…”

State v. Evans, 430 P.3d 1 (Kan. 2018). “K.S.A. 2017 Supp. 8-1604 states that a driver involved in an accident must "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 .”

State v. Fraker, 748 P.2d 868 (Kan. 1988). “8-1602, -1603, and K.S.A. 1986 Supp. 8-1604. K.S.A. 1986 Supp.”

State v. Alexander (Kan. Ct. App. 2023). · cites it 8× “8-1602(a) requires a driver to remain at the scene of an accident involving injury or death until the driver provides the information required in K.S.A. 8-1604. To be in violation of this statute, Alexander needed to have a culpable mental state in that she "knowingly failed to…”

Peoples Bank of Pratt v. Integral Ins. Co., 840 P.2d 503 (Kan. 1992). · cites it 2× “TY OF DRIVER TO RENDER ASSISTANCE For their fifth and sixth issues, defendants contend the trial court erred in: (1) overruling their motion for a directed verdict on the claim of negligence based upon failure to render assistance to Richard Grossman after the accident; and (2)…”

Show all 18 citing cases →

— K.S.A. § 8-1604(a) — 4 cases

State v. Montgomery, 122 P.3d 392 (Kan. Ct. App. 2005). “8-1603 requires a driver involved in an accident that causes property damage to remain at the scene until he or she has fulfilled the requirements of K.S.A. 8-1604. K.S.A. 8-1604(a) requires a driver involved in an accident to provide various information about the driver, the…”

State v. Greenberg, 607 P.2d 530 (Kan. Ct. App. 1980). “8-1602, making it a misdemeanor for a motorist involved in an injury accident to leave the scene without complying with what is now K.S.A. 1979 Supp. 8-1604. The latter statute (quoted in the next section) requires the motorist to give identification and, under some…”

State v. Heironimus, 356 P.3d 427 (Kan. Ct. App. 2015). “d in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in…”

State v. Alexander (Kan. Ct. App. 2023). “8-1602(a) requires a driver to remain at the scene of an accident involving injury or death until the driver provides the information required in K.S.A. 8-1604. To be in violation of this statute, Alexander needed to have a culpable mental state in that she "knowingly failed to…”

— K.S.A. § 8-1604(a)(2) — 1 case

State v. Doll (Kan. Ct. App. 2022).

— K.S.A. § 8-1604(b) — 2 cases

— K.S.A. § 8-1604(c) — 1 case

City of Wichita v. Grasty, 500 P.3d 1201 (Kan. Ct. App. 2021).

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