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 to
prove financial responsibility; suspension of license or vehicle
registration
Sec. 1. (a) If a person is convicted of a traffic offense that requires
a court appearance, the court shall require the person to show proof
that financial responsibility was in force on the date of the violation
in one (1) of the forms described in IC 9-25-4-4 or in the form of a
certificate of self-insurance issued under IC 9-25-4-11.
(b) If a person fails to provide proof of financial responsibility as
required by this section, the court shall do the following:
(1) Suspend the person's current driving license or vehicle
registration, or both.
(2) Order the person to immediately surrender the person's
current driving license or vehicle registration to the court.
(c) A suspension under this section is subject to the same
provisions concerning procedure for suspension, duration of
suspension, and reinstatement applicable to other suspensions under
this chapter.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-2
Receipt by bureau of accident report; request for evidence of
financial responsibility
Sec. 2. Not more than forty-five (45) days after the bureau
receives a copy of an accident report under IC 9-26, the bureau shall
send to each person identified in the report as an operator of a
vehicle involved in the accident a request for evidence of financial
responsibility under section 3 of this chapter, unless the evidence has
already been filed with the bureau. The request for evidence of
financial responsibility shall be sent to each person identified in the
report as an operator of a vehicle involved in the accident regardless
of 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 must
do the following:
(1) Direct a person identified under section 2 of this chapter to
provide the bureau with evidence that financial responsibility
was in effect with respect to the vehicle operated by the person
on the date of the accident described in the accident report.
(2) Instruct the person on how to furnish the bureau with
evidence of financial responsibility in compliance with this
chapter.
(3) Warn the person that failure to furnish evidence of financial
responsibility to the bureau will result in suspension of the
person's current driving license or vehicle registration, or both,
under this article.
(b) The bureau shall mail a request for evidence of financial
responsibility to a person identified under section 2 of this chapter by
first 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 or
vehicle registration suspension under this article, a person identified
under section 2 of this chapter who receives a request for evidence
of financial responsibility must provide the bureau with a certificate
of compliance indicating that financial responsibility required by
IC 9-25-4-1 was in effect with respect to the motor vehicle on the
date of the accident described in the accident report.
(b) Proof that the bureau:
(1) did not receive a certificate of compliance from a person
presented with a request for evidence of financial responsibility
under section 2 of this chapter within forty-five (45) days after
the date on which the person was presented with the request;
(2) received a certificate of compliance that did not indicate that
financial responsibility was in effect with respect to the motor
vehicle that the person was operating on the date of the accident
described in the accident report; or
(3) suspended a current driving license or vehicle registration
under IC 9-25-6-3 after presenting a person with a request for
evidence of financial responsibility under section 2 of this
chapter;
is prima facie evidence in a civil action that the person presented
with the request for evidence of financial responsibility did not have
a motor vehicle liability policy in effect with respect to the motor
vehicle that the person was operating on the date of the accident
described 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 for
requesting information
Sec. 5. (a) A person who receives a request for evidence of
financial responsibility under section 3 of this chapter shall set forth
in the certificate of compliance the following information concerning
the form of financial responsibility that was in effect with respect to
the motor vehicle on the date in question:
(1) If a motor vehicle liability policy was in effect, the
following:
(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, the
following:
(A) The date on which the certificate of self-insurance was
issued by the bureau.
(B) The name of the person to whom the certificate of
self-insurance was issued.
(b) A person who requests information or verification of coverage
to 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 for
requesting the information unless the person has been involved in an
accident.
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 an
insurance policy must be signed by an officer or agent of the insurer.
A certificate of compliance that reports the existence of a bond must
be 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 person
other than vehicle owner
Sec. 7. Whenever a person required to give proof of financial
responsibility under section 3 of this chapter is not the owner of a
motor vehicle, an operator's policy of liability insurance is sufficient
proof of financial responsibility.
As added by P.L.2-1991, SEC.13.
IC 9-25-5-8
Request that insurer issue certificate; certificate as conclusive
evidence of conforming policy
Sec. 8. (a) An insurance carrier that has issued a motor vehicle
liability policy or policies meeting the requirements of this article
shall, 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 chapter
and shows that a policy or policies have been issued.
(b) The issuance of a certificate to serve as proof of financial
responsibility under this chapter is conclusive evidence that a motor
vehicle 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 motor
vehicle liability policy under this chapter for the purpose of
furnishing evidence of future financial responsibility, the insurance
carrier shall give ten (10) days written notice to the bureau before
cancellation of the policy. The policy continues in full force and
effect until the date of cancellation specified in the notice or until the
policy's expiration. A policy subsequently procured and certified, on
the effective date of the policy's certification, terminates the
insurance previously certified with respect to a vehicle designated in
both 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 financial
responsibility in one (1) of the following ways:
(1) The nonresident owner of a foreign vehicle may give proof
of financial responsibility by filing with the bureau a written
certificate of an insurance carrier authorized to transact
business in the state in which the motor vehicle described in the
certificate is registered.
(2) A nonresident who does not own a motor vehicle may give
proof of financial responsibility by filing with the bureau a
written certificate of an insurance carrier authorized to transact
business in the state in which the nonresident resides.
(b) A certificate filed under subsection (a) must conform to this
chapter.
(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 to
accept service on the insurance carrier's behalf of notice of
process in an action arising out of a motor vehicle accident in
Indiana.
(2) Adopts a binding resolution declaring that the insurance
carrier's policies are considered to comply with Indiana law
relating to the terms of motor vehicle liability policies issued in
Indiana.
(3) Agrees to accept as final and binding a judgment of a court
of competent jurisdiction in Indiana rendered in an action
arising out of a motor vehicle accident.
(d) If a foreign insurance carrier that has qualified to furnish proof
of financial responsibility under subsection (c) defaults in an
undertaking or agreement, the bureau may not accept a certificate of
the 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.