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 do
business in Indiana
Sec. 1. The bureau may not revoke the driving license or
registration plates of the owner or operator of a motor vehicle who
has been involved in a motor vehicle accident resulting in bodily
injury or death or in damage to property in excess of one thousand
dollars ($1,000) solely because of failure to provide evidence of
financial responsibility whenever the:
(1) owner or operator was insured by an insurance company for
public liability and property damage at the time of the accident;
and
(2) insurance company becomes insolvent after the accident or
within fifteen (15) days before the accident;
if the insurance company was authorized and qualified to do business
in 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 registration
of a motor vehicle sold by a person who, under the terms or
conditions of a written instrument giving a right of repossession, has
exercised the right and has repossessed a motor vehicle from a
person whose certificate of registration has been suspended under
this article.
(b) If an owner's registration has been suspended under this
article, the registration may not be transferred or the motor vehicle
registered in another name until the bureau is satisfied that the
transfer or registration is proposed in good faith and not for the
purpose or with the effect of defeating the purposes of this article. A
transfer or registration shall be permitted when the transferee
furnishes proof of financial responsibility to the bureau.
(c) A transfer or registration made or obtained in violation of this
section 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 return
a certificate of insurance, direct the treasurer of state to return to the
person entitled any money or securities deposited under this article
as proof of financial responsibility, or waive the requirement of filing
proof of financial responsibility in any of the following
circumstances:
(1) At any time after three (3) years from the date the proof was
required, if during the three (3) year period preceding the
request the person furnishing the proof has not been convicted
of an offense referred to in IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or the
person becomes permanently incapable of operating a motor
vehicle.
(3) If the person who has given proof of financial responsibility
surrenders 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 damages
upon a liability referred to in this article is pending, a judgment
upon a liability is outstanding and unsatisfied, or the bureau has
received notice that the person has, within the period of three
(3) months immediately preceding, been involved as a driver in
a motor vehicle accident. An affidavit of the applicant of the
nonexistence of the facts referred to in this subdivision is
sufficient evidence of the nonexistence of the facts in the
absence of evidence to the contrary in the records of the
department.
(b) Whenever a person to whom proof has been surrendered under
subsection (a)(3) applies for an operator's or chauffeur's license or
the registration of a motor vehicle within a period of three (3) years
from the date the proof of financial responsibility was originally
required, the bureau shall reject the application unless the applicant
reestablishes 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; action
in name of state against company executing bond
Sec. 4. If a judgment is rendered against the principal of a surety
bond upon a liability covered by the conditions of the bond and the
judgment is not satisfied within sixty (60) days after the judgment
becomes final, the judgment creditor may, for the judgment creditor's
own use and benefit and at the judgment creditor's sole expense,
bring an action in the name of the state against the company that
executed 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 revenue
a failure, a refusal, or the neglect of a common carrier of persons or
property by motor vehicle to file a certificate of proof of financial
responsibility 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 a
resident of Indiana or who operates a vehicle in Indiana.
(b) A person:
(1) whose operator's license or registration was suspended and
who is required to prove financial responsibility extending into
the future in order to have the person's driving privileges
reinstated; and
(2) who no longer operates a vehicle in Indiana and has become
a resident of another state or foreign jurisdiction;
is not required to prove financial responsibility into the future in
order to have the person's license or registration temporarily
reinstated to allow licensing or registration in the other state or
foreign jurisdiction.
As added by P.L.88-1996, SEC.6.