§20‑279.5. Security required unless evidence of insurance; when securitydetermined; suspension; exceptions.
(a) When the Divisionreceives a report of a reportable accident under G.S. 20‑166.1, theCommissioner must determine whether the owner or driver of a vehicle involvedin the accident must file security under this Article and, if so, the amount ofsecurity the owner or driver must file. The Commissioner must make thisdetermination at the end of 20 days after receiving the report.
(b) The Commissionershall, within 60 days after the receipt of such report of a motor vehicleaccident, suspend the license of each operator and each owner of a motorvehicle in any manner involved in such accident, and if such operator or owneris a nonresident the privilege of operating a motor vehicle within this State,unless such operator or owner, or both, shall deposit security in the sum sodetermined by the Commissioner; provided, notice of such suspension shall besent by the Commissioner to such operator and owner not less than 10 days priorto the effective date of such suspension and shall state the amount required assecurity; provided further, the provisions of this Article requiring thedeposit of security and the suspension of license for failure to depositsecurity shall not apply to an operator or owner who would otherwise berequired to deposit security in an amount not in excess of one hundred dollars($100.00). Where erroneous information is given the Commissioner with respectto the matters set forth in subdivisions (1), (2) or (3) of subsection (c) ofthis section or with respect to the ownership or operation of the vehicle, theextent of damage and injuries, or any other matters which would have affectedthe Commissioner's action had the information been previously submitted, heshall take appropriate action as hereinbefore provided, within 60 days afterreceipt by him of correct information with respect to said matters. TheCommissioner, upon request and in his discretion, may postpone the effective dateof the suspension provided in this section by 15 days if, in his opinion, suchextension would aid in accomplishing settlements of claims by persons involvedin accidents.
(c) This section shallnot apply under the conditions stated in G.S. 20‑279.6 nor:
(1) To such operator orowner if such owner had in effect at the time of such accident an automobileliability policy with respect to the motor vehicle involved in such accident;
(2) To such operator, ifnot the owner of such motor vehicle, if there was in effect at the time of suchaccident a motor vehicle liability policy or bond with respect to his operationof motor vehicles not owned by him;
(3) To such operator orowner if the liability of such operator or owner for damages resulting fromsuch accident is, in the judgment of the Commissioner, covered by any otherform of liability insurance policy or bond or sinking fund or group assumptionof liability;
(4) To any personqualifying as a self‑insurer, nor to any operator for a self‑insurerif, in the opinion of the Commissioner from the information furnished him, theoperator at the time of the accident was probably operating the vehicle in thecourse of the operator's employment as an employee or officer of the self‑insurer;nor
(5) To any employee ofthe United States government while operating a vehicle in its service and whileacting within the scope of his employment, such operations being fullyprotected by the Federal Tort Claims Act of 1946, which affords ample securityto all persons sustaining personal injuries or property damage through thenegligence of such federal employee.
No such policy or bond shallbe effective under this section unless issued by an insurance company or suretycompany authorized to do business in this State, except that if such motorvehicle was not registered in this State, or was a motor vehicle which wasregistered elsewhere than in this State at the effective date of the policy orbond, or the most recent renewal thereof, or if such operator not an owner wasa nonresident of this State, such policy or bond shall not be effective underthis section unless the insurance company or surety company if not authorizedto do business in this State shall execute a power of attorney authorizing theCommissioner to accept service on its behalf of notice or process in any actionupon such policy, or bond arising out of such accident, and unless saidinsurance company or surety company, if not authorized to do business in thisState, is authorized to do business in the state or other jurisdiction wherethe motor vehicle is registered or, if such policy or bond is filed on behalfof an operator not an owner who was a nonresident of this State, unless saidinsurance company or surety company, if not authorized to do business in thisState, is authorized to do business in the state or other jurisdiction ofresidence of such operator; provided, however, every such policy or bond issubject, if the accident has resulted in bodily injury or death, to a limit,exclusive of interest and cost, of not less than thirty thousand dollars($30,000) because of bodily injury to or death of one person in any oneaccident and, subject to said limit for one person, to a limit of not less thansixty thousand dollars ($60,000) because of bodily injury to or death of two ormore persons in any one accident, and, if the accident has resulted in injuryto or destruction of property, to a limit of not less than twenty‑fivethousand dollars ($25,000) because of injury to or destruction of property ofothers in any one accident. (1953, c. 1300, s. 5; 1955,cc. 138, 854; c. 855, s. 1; c. 1152, ss. 4‑8; c. 1355; 1967, c. 277, s.2; 1971, c. 763, s. 3; 1973, c. 745, s. 2; 1979, c. 832, s. 2; 1983, c. 691, s.2; 1991, c. 469, s. 2; 1991 (Reg. Sess., 1992), c. 837, s. 10; 1995, c. 191, s.5; 1999‑228, s. 2.)
§20‑279.5. Security required unless evidence of insurance; when securitydetermined; suspension; exceptions.
(a) When the Divisionreceives a report of a reportable accident under G.S. 20‑166.1, theCommissioner must determine whether the owner or driver of a vehicle involvedin the accident must file security under this Article and, if so, the amount ofsecurity the owner or driver must file. The Commissioner must make thisdetermination at the end of 20 days after receiving the report.
(b) The Commissionershall, within 60 days after the receipt of such report of a motor vehicleaccident, suspend the license of each operator and each owner of a motorvehicle in any manner involved in such accident, and if such operator or owneris a nonresident the privilege of operating a motor vehicle within this State,unless such operator or owner, or both, shall deposit security in the sum sodetermined by the Commissioner; provided, notice of such suspension shall besent by the Commissioner to such operator and owner not less than 10 days priorto the effective date of such suspension and shall state the amount required assecurity; provided further, the provisions of this Article requiring thedeposit of security and the suspension of license for failure to depositsecurity shall not apply to an operator or owner who would otherwise berequired to deposit security in an amount not in excess of one hundred dollars($100.00). Where erroneous information is given the Commissioner with respectto the matters set forth in subdivisions (1), (2) or (3) of subsection (c) ofthis section or with respect to the ownership or operation of the vehicle, theextent of damage and injuries, or any other matters which would have affectedthe Commissioner's action had the information been previously submitted, heshall take appropriate action as hereinbefore provided, within 60 days afterreceipt by him of correct information with respect to said matters. TheCommissioner, upon request and in his discretion, may postpone the effective dateof the suspension provided in this section by 15 days if, in his opinion, suchextension would aid in accomplishing settlements of claims by persons involvedin accidents.
(c) This section shallnot apply under the conditions stated in G.S. 20‑279.6 nor:
(1) To such operator orowner if such owner had in effect at the time of such accident an automobileliability policy with respect to the motor vehicle involved in such accident;
(2) To such operator, ifnot the owner of such motor vehicle, if there was in effect at the time of suchaccident a motor vehicle liability policy or bond with respect to his operationof motor vehicles not owned by him;
(3) To such operator orowner if the liability of such operator or owner for damages resulting fromsuch accident is, in the judgment of the Commissioner, covered by any otherform of liability insurance policy or bond or sinking fund or group assumptionof liability;
(4) To any personqualifying as a self‑insurer, nor to any operator for a self‑insurerif, in the opinion of the Commissioner from the information furnished him, theoperator at the time of the accident was probably operating the vehicle in thecourse of the operator's employment as an employee or officer of the self‑insurer;nor
(5) To any employee ofthe United States government while operating a vehicle in its service and whileacting within the scope of his employment, such operations being fullyprotected by the Federal Tort Claims Act of 1946, which affords ample securityto all persons sustaining personal injuries or property damage through thenegligence of such federal employee.
No such policy or bond shallbe effective under this section unless issued by an insurance company or suretycompany authorized to do business in this State, except that if such motorvehicle was not registered in this State, or was a motor vehicle which wasregistered elsewhere than in this State at the effective date of the policy orbond, or the most recent renewal thereof, or if such operator not an owner wasa nonresident of this State, such policy or bond shall not be effective underthis section unless the insurance company or surety company if not authorizedto do business in this State shall execute a power of attorney authorizing theCommissioner to accept service on its behalf of notice or process in any actionupon such policy, or bond arising out of such accident, and unless saidinsurance company or surety company, if not authorized to do business in thisState, is authorized to do business in the state or other jurisdiction wherethe motor vehicle is registered or, if such policy or bond is filed on behalfof an operator not an owner who was a nonresident of this State, unless saidinsurance company or surety company, if not authorized to do business in thisState, is authorized to do business in the state or other jurisdiction ofresidence of such operator; provided, however, every such policy or bond issubject, if the accident has resulted in bodily injury or death, to a limit,exclusive of interest and cost, of not less than thirty thousand dollars($30,000) because of bodily injury to or death of one person in any oneaccident and, subject to said limit for one person, to a limit of not less thansixty thousand dollars ($60,000) because of bodily injury to or death of two ormore persons in any one accident, and, if the accident has resulted in injuryto or destruction of property, to a limit of not less than twenty‑fivethousand dollars ($25,000) because of injury to or destruction of property ofothers in any one accident. (1953, c. 1300, s. 5; 1955,cc. 138, 854; c. 855, s. 1; c. 1152, ss. 4‑8; c. 1355; 1967, c. 277, s.2; 1971, c. 763, s. 3; 1973, c. 745, s. 2; 1979, c. 832, s. 2; 1983, c. 691, s.2; 1991, c. 469, s. 2; 1991 (Reg. Sess., 1992), c. 837, s. 10; 1995, c. 191, s.5; 1999‑228, s. 2.)
§20‑279.5. Security required unless evidence of insurance; when securitydetermined; suspension; exceptions.
(a) When the Divisionreceives a report of a reportable accident under G.S. 20‑166.1, theCommissioner must determine whether the owner or driver of a vehicle involvedin the accident must file security under this Article and, if so, the amount ofsecurity the owner or driver must file. The Commissioner must make thisdetermination at the end of 20 days after receiving the report.
(b) The Commissionershall, within 60 days after the receipt of such report of a motor vehicleaccident, suspend the license of each operator and each owner of a motorvehicle in any manner involved in such accident, and if such operator or owneris a nonresident the privilege of operating a motor vehicle within this State,unless such operator or owner, or both, shall deposit security in the sum sodetermined by the Commissioner; provided, notice of such suspension shall besent by the Commissioner to such operator and owner not less than 10 days priorto the effective date of such suspension and shall state the amount required assecurity; provided further, the provisions of this Article requiring thedeposit of security and the suspension of license for failure to depositsecurity shall not apply to an operator or owner who would otherwise berequired to deposit security in an amount not in excess of one hundred dollars($100.00). Where erroneous information is given the Commissioner with respectto the matters set forth in subdivisions (1), (2) or (3) of subsection (c) ofthis section or with respect to the ownership or operation of the vehicle, theextent of damage and injuries, or any other matters which would have affectedthe Commissioner's action had the information been previously submitted, heshall take appropriate action as hereinbefore provided, within 60 days afterreceipt by him of correct information with respect to said matters. TheCommissioner, upon request and in his discretion, may postpone the effective dateof the suspension provided in this section by 15 days if, in his opinion, suchextension would aid in accomplishing settlements of claims by persons involvedin accidents.
(c) This section shallnot apply under the conditions stated in G.S. 20‑279.6 nor:
(1) To such operator orowner if such owner had in effect at the time of such accident an automobileliability policy with respect to the motor vehicle involved in such accident;
(2) To such operator, ifnot the owner of such motor vehicle, if there was in effect at the time of suchaccident a motor vehicle liability policy or bond with respect to his operationof motor vehicles not owned by him;
(3) To such operator orowner if the liability of such operator or owner for damages resulting fromsuch accident is, in the judgment of the Commissioner, covered by any otherform of liability insurance policy or bond or sinking fund or group assumptionof liability;
(4) To any personqualifying as a self‑insurer, nor to any operator for a self‑insurerif, in the opinion of the Commissioner from the information furnished him, theoperator at the time of the accident was probably operating the vehicle in thecourse of the operator's employment as an employee or officer of the self‑insurer;nor
(5) To any employee ofthe United States government while operating a vehicle in its service and whileacting within the scope of his employment, such operations being fullyprotected by the Federal Tort Claims Act of 1946, which affords ample securityto all persons sustaining personal injuries or property damage through thenegligence of such federal employee.
No such policy or bond shallbe effective under this section unless issued by an insurance company or suretycompany authorized to do business in this State, except that if such motorvehicle was not registered in this State, or was a motor vehicle which wasregistered elsewhere than in this State at the effective date of the policy orbond, or the most recent renewal thereof, or if such operator not an owner wasa nonresident of this State, such policy or bond shall not be effective underthis section unless the insurance company or surety company if not authorizedto do business in this State shall execute a power of attorney authorizing theCommissioner to accept service on its behalf of notice or process in any actionupon such policy, or bond arising out of such accident, and unless saidinsurance company or surety company, if not authorized to do business in thisState, is authorized to do business in the state or other jurisdiction wherethe motor vehicle is registered or, if such policy or bond is filed on behalfof an operator not an owner who was a nonresident of this State, unless saidinsurance company or surety company, if not authorized to do business in thisState, is authorized to do business in the state or other jurisdiction ofresidence of such operator; provided, however, every such policy or bond issubject, if the accident has resulted in bodily injury or death, to a limit,exclusive of interest and cost, of not less than thirty thousand dollars($30,000) because of bodily injury to or death of one person in any oneaccident and, subject to said limit for one person, to a limit of not less thansixty thousand dollars ($60,000) because of bodily injury to or death of two ormore persons in any one accident, and, if the accident has resulted in injuryto or destruction of property, to a limit of not less than twenty‑fivethousand dollars ($25,000) because of injury to or destruction of property ofothers in any one accident. (1953, c. 1300, s. 5; 1955,cc. 138, 854; c. 855, s. 1; c. 1152, ss. 4‑8; c. 1355; 1967, c. 277, s.2; 1971, c. 763, s. 3; 1973, c. 745, s. 2; 1979, c. 832, s. 2; 1983, c. 691, s.2; 1991, c. 469, s. 2; 1991 (Reg. Sess., 1992), c. 837, s. 10; 1995, c. 191, s.5; 1999‑228, s. 2.)
