CHAPTER 5. PROOF OF FINANCIAL RESPONSIBILITY
IC 9-25-5
Chapter 5. Proof of Financial Responsibility
IC 9-25-5-1
Traffic offense conviction requiring court appearance; failure toprove financial responsibility; suspension of license or vehicleregistration
Sec. 1. (a) If a person is convicted of a traffic offense that requiresa court appearance, the court shall require the person to show proofthat financial responsibility was in force on the date of the violationin one (1) of the forms described in IC 9-25-4-4 or in the form of acertificate of self-insurance issued under IC 9-25-4-11.
(b) If a person fails to provide proof of financial responsibility asrequired by this section, the court shall do the following:
(1) Suspend the person's current driving license or vehicleregistration, or both.
(2) Order the person to immediately surrender the person'scurrent driving license or vehicle registration to the court.
(c) A suspension under this section is subject to the sameprovisions concerning procedure for suspension, duration ofsuspension, and reinstatement applicable to other suspensions underthis chapter.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-2
Receipt by bureau of accident report; request for evidence offinancial responsibility
Sec. 2. Not more than forty-five (45) days after the bureaureceives a copy of an accident report under IC 9-26, the bureau shallsend to each person identified in the report as an operator of avehicle involved in the accident a request for evidence of financialresponsibility under section 3 of this chapter, unless the evidence hasalready been filed with the bureau. The request for evidence offinancial responsibility shall be sent to each person identified in thereport as an operator of a vehicle involved in the accident regardlessof fault.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-3
Request for evidence of financial responsibility; requirements;mailing request
Sec. 3. (a) A request for evidence of financial responsibility mustdo the following:
(1) Direct a person identified under section 2 of this chapter toprovide the bureau with evidence that financial responsibilitywas in effect with respect to the vehicle operated by the personon the date of the accident described in the accident report.
(2) Instruct the person on how to furnish the bureau withevidence of financial responsibility in compliance with thischapter. (3) Warn the person that failure to furnish evidence of financialresponsibility to the bureau will result in suspension of theperson's current driving license or vehicle registration, or both,under this article.
(b) The bureau shall mail a request for evidence of financialresponsibility to a person identified under section 2 of this chapter byfirst class mail at the address appearing in the records of the bureau.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-4
Persons identified in accident reports; certificate of compliance
Sec. 4. (a) To avoid a current driving license suspension orvehicle registration suspension under this article, a person identifiedunder section 2 of this chapter who receives a request for evidenceof financial responsibility must provide the bureau with a certificateof compliance indicating that financial responsibility required byIC 9-25-4-1 was in effect with respect to the motor vehicle on thedate of the accident described in the accident report.
(b) Proof that the bureau:
(1) did not receive a certificate of compliance from a personpresented with a request for evidence of financial responsibilityunder section 2 of this chapter within forty-five (45) days afterthe date on which the person was presented with the request;
(2) received a certificate of compliance that did not indicate thatfinancial responsibility was in effect with respect to the motorvehicle that the person was operating on the date of the accidentdescribed in the accident report; or
(3) suspended a current driving license or vehicle registrationunder IC 9-25-6-3 after presenting a person with a request forevidence of financial responsibility under section 2 of thischapter;
is prima facie evidence in a civil action that the person presentedwith the request for evidence of financial responsibility did not havea motor vehicle liability policy in effect with respect to the motorvehicle that the person was operating on the date of the accidentdescribed in the accident report.
As added by P.L.2-1991, SEC.13. Amended by P.L.75-2001, SEC.1.
IC 9-25-5-5
Certificate of compliance; required information; reason forrequesting information
Sec. 5. (a) A person who receives a request for evidence offinancial responsibility under section 3 of this chapter shall set forthin the certificate of compliance the following information concerningthe form of financial responsibility that was in effect with respect tothe motor vehicle on the date in question:
(1) If a motor vehicle liability policy was in effect, thefollowing:
(A) The name and address of the insurer.
(B) The limits of coverage of the policy. (C) The identification number applying to the policy.
(2) If a bond was in effect, the following:
(A) The name and address of the bond company or surety.
(B) The face amount of the bond.
(3) If self-insurance was in effect under IC 9-25-4-11, thefollowing:
(A) The date on which the certificate of self-insurance wasissued by the bureau.
(B) The name of the person to whom the certificate ofself-insurance was issued.
(b) A person who requests information or verification of coverageto complete a certificate of compliance under subsection (a) from:
(1) an insurance company; or
(2) an insurance producer;
is not required to give the company or the producer a reason forrequesting the information unless the person has been involved in anaccident.
As added by P.L.2-1991, SEC.13. Amended by P.L.59-1994, SEC.4;P.L.178-2003, SEC.2.
IC 9-25-5-6
Certificate of compliance; signature
Sec. 6. A certificate of compliance that reports the existence of aninsurance policy must be signed by an officer or agent of the insurer.A certificate of compliance that reports the existence of a bond mustbe signed by an officer of the bond company or surety.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-7
Proof of financial responsibility required to be given by personother than vehicle owner
Sec. 7. Whenever a person required to give proof of financialresponsibility under section 3 of this chapter is not the owner of amotor vehicle, an operator's policy of liability insurance is sufficientproof of financial responsibility.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-8
Request that insurer issue certificate; certificate as conclusiveevidence of conforming policy
Sec. 8. (a) An insurance carrier that has issued a motor vehicleliability policy or policies meeting the requirements of this articleshall, upon request of the named insured:
(1) deliver to the insured for filing; or
(2) file with the bureau;
an appropriate certificate that meets the requirements of this chapterand shows that a policy or policies have been issued.
(b) The issuance of a certificate to serve as proof of financialresponsibility under this chapter is conclusive evidence that a motorvehicle liability policy in the certificate cited conforms to all the
requirements of this article.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-9
Certificate of motor vehicle liability policy; cancellation of policy;notice to bureau; subsequently procured policy
Sec. 9. Whenever an insurance carrier has certified a motorvehicle liability policy under this chapter for the purpose offurnishing evidence of future financial responsibility, the insurancecarrier shall give ten (10) days written notice to the bureau beforecancellation of the policy. The policy continues in full force andeffect until the date of cancellation specified in the notice or until thepolicy's expiration. A policy subsequently procured and certified, onthe effective date of the policy's certification, terminates theinsurance previously certified with respect to a vehicle designated inboth certificates.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-10
Nonresidents; proof of financial responsibility
Sec. 10. (a) A nonresident may give proof of financialresponsibility in one (1) of the following ways:
(1) The nonresident owner of a foreign vehicle may give proofof financial responsibility by filing with the bureau a writtencertificate of an insurance carrier authorized to transactbusiness in the state in which the motor vehicle described in thecertificate is registered.
(2) A nonresident who does not own a motor vehicle may giveproof of financial responsibility by filing with the bureau awritten certificate of an insurance carrier authorized to transactbusiness in the state in which the nonresident resides.
(b) A certificate filed under subsection (a) must conform to thischapter.
(c) The bureau shall accept a certificate filed under subsection (a)if the insurance carrier complies with the following:
(1) Executes a power of attorney authorizing the bureau toaccept service on the insurance carrier's behalf of notice ofprocess in an action arising out of a motor vehicle accident inIndiana.
(2) Adopts a binding resolution declaring that the insurancecarrier's policies are considered to comply with Indiana lawrelating to the terms of motor vehicle liability policies issued inIndiana.
(3) Agrees to accept as final and binding a judgment of a courtof competent jurisdiction in Indiana rendered in an actionarising out of a motor vehicle accident.
(d) If a foreign insurance carrier that has qualified to furnish proofof financial responsibility under subsection (c) defaults in anundertaking or agreement, the bureau may not accept a certificate ofthe defaulting foreign carrier as long as the default continues,
whether the certificate was filed before or after the default.
As added by P.L.2-1991, SEC.13.