Kansas Hit-and-Run

If you are the victim of a hit-and-run in Kansas, you must report it to the police if there is damage in excess of $1,000. You should also contact your insurer.
Written by Jason Tushinski
Reviewed by Kathleen Flear
In Kansas, a hit-and-run can be penalized as either a misdemeanor or a felony, with penalties ranging from a $500 fine to 36 months in prison.
If you are a hit-and-run victim in the state of Kansas, do your best to identify the car that hit you, report the incident to police, and contact your insurer who will guide you in filing a claim.
It is illegal in all 50 states to leave an accident scene before providing the other driver with your name, address, vehicle registration number, and insurance information. Each state hands down different penalties for this crime.
The
car insurance
broker and comparison shopping app
Jerry
is on your side in
Kansas
, whether you’re involved in a hit-and-run, or not. In this article, we’ll inform you of what qualifies as a hit-and-run, how to report one, and how to make an insurance claim in the immediate aftermath of one. We’ll also detail the penalties for Kansas hit-and-run crimes.
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What is a hit-and-run? 

A traffic accident is termed a hit-and-run when a driver fails to stop after the fact. If you strike another person, vehicle, or property, you are required by law to stop and furnish your insurance information in case the other party wants to make a claim.
You must always remain at the scene of an accident you are involved in, even if you are not at-fault—leaving the scene can make you guilty of a hit-and-run. If you’re involved in an accident, always remain on the scene and exchange insurance information with any drivers in order to avoid criminal penalties.

What happens if you commit a hit-and-run in Kansas?

If you are ever involved in an auto accident in Kansas, remain on the scene. It is easy to get scared and panic, but leaving the scene of an accident can result in serious criminal penalties, especially if you don’t share your personal and insurance information with the other driver(s) involved.

Is a hit-and-run a felony in Kansas? 

Depending on the result of the accident, a hit-and-run in Kansas can be deemed either a misdemeanor or a felony
If the accident only results in property damage or minor injuries, it will be labeled a misdemeanor. A hit-and-run causing serious injuries or death is almost always classified as a felony.

What is the punishment for a hit-and-run in Kansas?

Any punishment for a hit-and-run in Kansas depends on the injuries and/or damage to property sustained in the accident, as well as the offender’s prior criminal record.
If you commit a hit-and-run offense that results in property damage only, the maximum time you can spend in jail is one year, with a fine of $2,500. If the accident results in serious injury or death, you could face a fine of up to $300,000 and a prison term of up to 34 months, depending on the severity of the accident.
The most severe penalties are reserved for drivers who flee the scene after causing an accident that obviously led to injuries and/or death. For example, if you leave the scene after watching the other car roll several times, you will be convicted of a level 5 person felony.
Here is a breakdown of possible punishments for a hit-and-run in Kansas for a driver with no prior record:
Result of accident
Charge
Imprisonment
Fines
Property damage of less than $1,000
Misdemeanor
Up to 1 month in county jail
Up to $500
Property damage of more than $1,000
Class A person misdemeanor
Up to 1 year in county jail
Up to $2,500
Minor injuries
Class A person misdemeanor
Up to 1 year in county jail
Up to $2,500
Serious injury (loss or permanent impairment of a body part or limb)
Level 8 person felony
7 to 9 months in prison
Up to $100,000
Death
Level 6 person felony
17 to 19 months in prison
Up to $100,000
Death (when the hit-and-run driver would have reasonably known that the accident resulted in injury/death)
Level 5 person felony
31 to 34 months in prison
Up to $300,000

How to avoid a hit-and-run charge

In accordance with
Kansas Statute § 8-1604
and
Kansas Statute § 8-1605
, you are required to do the following after an accident:
  • Stop immediately
  • Locate and notify the owner/operator of the damaged vehicle or property
  • Offer your name, address, license, and vehicle registration number
  • If you can’t locate the driver, leave a note with your name, address, license, and vehicle registration number in a conspicuous place on the vehicle or property
  • Report the accident to the police as soon as possible
In cases where injury or death is involved, follow the same steps above and, if necessary and possible, aid the driver or anyone injured in the collision in getting medical attention.
Failing to do any of the above could result in you being charged with a hit-and-run.

What should I do if I experience a hit-and-run in Kansas? 

If you find yourself the victim of a hit-and-run, do your best to stay calm and collect as much information as you can. Report the incident to the police as soon as possible. If you think there is at least $1,000 worth of damage to your vehicle, you are required by law to call the police.

At the scene

Do not make an attempt to follow the car that hit you. Instead, focus on your vehicle—if you are injured or if any passengers are injured, call 911. If possible, move your car to a safe spot.
While at the accident scene, do your best to do the following:
  • Take pictures or note any damage to your vehicle, and note road location and any landmarks
  • If there are witnesses, get their names and contact information, and ask them to remain at the scene until police arrive
  • Note the make, model, year, and color of the vehicle that hit you, if possible
  • If possible, note any characteristics of the driver who fled
  • Record the license plate number of any vehicle involved
  • Note the direction that the fleeing vehicle was headed
  • Report any identifying mark(s) on the vehicle that fled (bumps, markings, dents, etc)

After you leave the scene

Ensure the police officer who responded to the scene files a report. Not only is a police report required if the damage sustained is over $1,000 but a report will also serve as corroborative evidence for your insurer.
Be sure to file an insurance claim within 24 hours of the collision.
If the fleeing driver was able to be identified or their license plate noted, that driver’s insurer will be contacted and should cover any damage. Your insurer will be able to handle the claim as normal.
Filing a claim will be difficult if you don’t have any information about the driver who fled. If you sustained any injuries or property damage, you could be out of luck if you only carry liability insurance. 
That being said, you could be covered if you have
collision insurance
,
personal injury protection
, or
uninsured/underinsured coverage
.

What insurance covers a hit-and-run?

Insurance type
Will it cover a hit-and-run?
Notes
Collision coverage
Yes
Usually a deductible with this coverage
Uninsured motorist coverage
Yes
Required in Kansas; can be used if the other driver has no or little insurance
Personal injury protection (PIP)
Yes
Required in Kansas; will cover any medical bills for you or any passengers, regardless of fault

How to find affordable insurance for collisions and more

If you’ve been involved in a hit-and-run, or just want to protect your vehicle against other eventualities, the
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