CHAPTER 7. MISCELLANEOUS PROVISIONS
IC 9-25-7
Chapter 7. Miscellaneous Provisions
IC 9-25-7-1
Insolvency of insurer formerly authorized and qualified to dobusiness in Indiana
Sec. 1. The bureau may not revoke the driving license orregistration plates of the owner or operator of a motor vehicle whohas been involved in a motor vehicle accident resulting in bodilyinjury or death or in damage to property in excess of one thousanddollars ($1,000) solely because of failure to provide evidence offinancial responsibility whenever the:
(1) owner or operator was insured by an insurance company forpublic liability and property damage at the time of the accident;and
(2) insurance company becomes insolvent after the accident orwithin fifteen (15) days before the accident;
if the insurance company was authorized and qualified to do businessin Indiana on the effective date of the policy.
As added by P.L.2-1991, SEC.13. Amended by P.L.157-2003, SEC.1.
IC 9-25-7-2
Transfer of vehicle registration or registration in another name;good faith requirement; repossessed vehicles
Sec. 2. (a) This section does not apply to or affect the registrationof a motor vehicle sold by a person who, under the terms orconditions of a written instrument giving a right of repossession, hasexercised the right and has repossessed a motor vehicle from aperson whose certificate of registration has been suspended underthis article.
(b) If an owner's registration has been suspended under thisarticle, the registration may not be transferred or the motor vehicleregistered in another name until the bureau is satisfied that thetransfer or registration is proposed in good faith and not for thepurpose or with the effect of defeating the purposes of this article. Atransfer or registration shall be permitted when the transfereefurnishes proof of financial responsibility to the bureau.
(c) A transfer or registration made or obtained in violation of thissection is void for the purposes of this article.
As added by P.L.2-1991, SEC.13.
IC 9-25-7-3
Cancellation, return, or waiver of proof of financial responsibility
Sec. 3. (a) The bureau shall, upon request, cancel a bond or returna certificate of insurance, direct the treasurer of state to return to theperson entitled any money or securities deposited under this articleas proof of financial responsibility, or waive the requirement of filingproof of financial responsibility in any of the followingcircumstances:
(1) At any time after three (3) years from the date the proof was
required, if during the three (3) year period preceding therequest the person furnishing the proof has not been convictedof an offense referred to in IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or theperson becomes permanently incapable of operating a motorvehicle.
(3) If the person who has given proof of financial responsibilitysurrenders the person's operator's or chauffeur's license,registration certificates, and registration plates to the bureau.The bureau may not release the proof if an action for damagesupon a liability referred to in this article is pending, a judgmentupon a liability is outstanding and unsatisfied, or the bureau hasreceived notice that the person has, within the period of three(3) months immediately preceding, been involved as a driver ina motor vehicle accident. An affidavit of the applicant of thenonexistence of the facts referred to in this subdivision issufficient evidence of the nonexistence of the facts in theabsence of evidence to the contrary in the records of thedepartment.
(b) Whenever a person to whom proof has been surrendered undersubsection (a)(3) applies for an operator's or chauffeur's license orthe registration of a motor vehicle within a period of three (3) yearsfrom the date the proof of financial responsibility was originallyrequired, the bureau shall reject the application unless the applicantreestablishes the proof for the remainder of the period.
As added by P.L.2-1991, SEC.13. Amended by P.L.1-2001, SEC.7.
IC 9-25-7-4
Failure to pay under surety bond after entry of judgment; actionin name of state against company executing bond
Sec. 4. If a judgment is rendered against the principal of a suretybond upon a liability covered by the conditions of the bond and thejudgment is not satisfied within sixty (60) days after the judgmentbecomes final, the judgment creditor may, for the judgment creditor'sown use and benefit and at the judgment creditor's sole expense,bring an action in the name of the state against the company thatexecuted the bond.
As added by P.L.2-1991, SEC.13.
IC 9-25-7-5
Failure of motor carrier to file proof of financial responsibility;report to department of state revenue
Sec. 5. The bureau shall report to the department of state revenuea failure, a refusal, or the neglect of a common carrier of persons orproperty by motor vehicle to file a certificate of proof of financialresponsibility when requested.
As added by P.L.2-1991, SEC.13.
IC 9-25-7-6
Temporary reinstatement to allow for licensing or registration in
another state or foreign jurisdiction
Sec. 6. (a) This section does not apply to a person who is aresident of Indiana or who operates a vehicle in Indiana.
(b) A person:
(1) whose operator's license or registration was suspended andwho is required to prove financial responsibility extending intothe future in order to have the person's driving privilegesreinstated; and
(2) who no longer operates a vehicle in Indiana and has becomea resident of another state or foreign jurisdiction;
is not required to prove financial responsibility into the future inorder to have the person's license or registration temporarilyreinstated to allow licensing or registration in the other state orforeign jurisdiction.
As added by P.L.88-1996, SEC.6.