2014 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 25. FINANCIAL RESPONSIBILITY CHAPTER 7. MISCELLANEOUS PROVISIONS
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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 suspend or revoke the driver's license,
driving privileges, 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;
P.L.59-2013, SEC.26.
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 driver'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;
P.L.59-2013, SEC.27.
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
Repealed
(Repealed by P.L.59-2013, SEC.28.)
IC 9-25-7-6
Temporary reinstatement of nonresident's driver's license, driving
privileges, or registration
Sec. 6. (a) This section does not apply to a person who is a
resident of Indiana or who operates a motor vehicle in Indiana.
(b) Subject to subsection (c), a person:
(1) whose driver's license, driving privileges, 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 motor 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 driver's license, driving privileges, or
registration temporarily reinstated to allow licensing or registration
in the other state or foreign jurisdiction.
(c) A person described in subsection (b) who, during the three (3)
year period following the suspension described in subsection (b)(1),
applies to the bureau for a driver's license or registers a motor vehicle
in Indiana must maintain proof of future financial responsibility for
the unexpired portion of the three (3) year period as required under
this article.
As added by P.L.88-1996, SEC.6. Amended by P.L.125-2012,
SEC.279; P.L.59-2013, SEC.29.
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