Legal Question in Criminal Law in Kansas
concerning not having automobile insurance
My husband was in a minor automobile accident. Unfortunately we have not been able to afford insurance coverage. He recieved a ticket on site for no proof of insurance and inattentive driving. There was no court date placed on the ticket. Neither of us has ever been in an accident before. What are the possible legal ramifications of this? Can he go to jail for this? What do I do? I am more than willing to try to work out a payment plan with the other people's insurance company. However if I could pay it off in one lump sum then I would have had insurance in the first place.
1 Answer from Attorneys
Re: concerning not having automobile insurance
Your husband has two primary issues. First, the failure to provide financial responsibility (insurance) could be used as grounds to suspend his license. It is very important that he obtain insurance immediately, if he wishes to avoid this ticket on his record. Secondly, Kansas is a No-Fault state, so each driver's insurer takes care of them. The other driver cannot come after your husband unless they have more than $2,000 in damages. However, as you wisely surmised, the insurance company may come after your husband for what they have paid out to the insured. You did not describe the other driver's damages, so I don't know if that is an issue.
Unless there are other unusual circumstances, that you have not mentioned, it is unlikely that your husband will get a jail sentence for the inattentive driving charge. However, if the other driver's damages are great enough, there is a chance that he may get some jail time, if he does not obtain insurance.
Who issued these tickets? Was it a highway patrolman, sheriif's deputy, fish and wildlife officer, or a municipal policeman? What county/city are the charges pending? This information could help clarify his options for minimizing the impact.
If he does nothing but pay the tickets, he probably won't get any jail time, and may lose his license for a while. Insurance companies often make agreements for you to pay them over time. So, that is a definite possibility.
Good Luck,
Tony Smith
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