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QuestionInsurance Question  I got pulled over in the state of Kansas for and got cited for not having insurance. But I was a Wisconsin resident, had Wisconsin ID and a Wisconsin car title. Does that make any difference?

AnswerAuto Insurance Answer

No, it does not matter that you are a Wisconsin resident if you were breaking the laws of Kansas by operating a vehicle there without insurance or another form of financial responsibility that KS recognizes.

According to the Wisconsin Office of the Commissioner of Insurance, Wisconsin has a financial responsibility law with regards to motor vehicles. It is designed to make sure that any motorist licensed to drive in Wisconsin has insurance or enough money to pay for damages to others that may be caused by a motor vehicle.

These financial requirements may be met through a motor vehicle liability insurance policy, a surety bond, personal funds, or certificate of self-insurance. Details are available at the Department of Transportation, Division of Motor Vehicles (DMV) of Wisconsin or by reading through Chapter 344 of the Wisconsin Statutes.

So while your home state of Wisconsin may not require auto insurance to be on a vehicle many other states do and when you travel through other states in the United States their laws apply to you as a visitor to that state. If you choose not to have car insurance on your WI vehicle then you need to make sure whatever type of financial responsibility you have in place on it will be acceptable to other states, such as Kansas, that you drive through.

If you did have insurance on your vehicle your Wisconsin car insurance policy limits would have been interpreted to provide at least the minimum limits required by the laws of the state in which you are operating your vehicle and thus would have complied with the insurance laws of Kansas so that law enforcement in KS would have accepted a WI insurance car and not cited your for driving without insurance.

According to Kansas laws drivers must present one of the following as proof of insurance:

  • Certificate of insurance (policy)
  • Insurance card issued by an insurance company (notice of policy renewal NOT acceptable)
  • Certificate of self-insurance issued by the Insurance Commissioner
  • Binder of insurance
  • Motor carrier ID number issued by the state corporation commission
  • A fleet policy
  • A commercial policy

Kansas laws state that any person operating a motor vehicle upon a highway or upon property open to use by the public in KS shall display, upon demand, evidence of financial security to a law enforcement officer. The law enforcement officer shall issue a citation to any person who fails to display evidence of financial security upon such demand.

It is a Class B misdemeanor to drive without insurance in Kansas. The penalty for this is a fine of not less than $300 nor more than $1,000 or confinement in the county jail for a term of not more than six months, or both such fine and confinement. Normally the KS DOR also will suspend your driver's license and vehicle registration which can be reinstated through payment of a fee and proof of insurance coverage. Since you are not a resident of Kansas you will need to contact the Kansas court listed on your citation for driving without insurance to see what penalties you may be facing and if your driving privileges will be suspended there.

If you do not have insurance on a car and travel out of state to a state that requires vehicles on its roadways to be insured, then you need to comply with the laws of that state typically. It is important to check with states you drive through to make sure that driving on a surety bond or without auto insurance would not result in you being cited for being uninsured.

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