28-4143. Vehicle accident; financial responsibility verification; suspension

A. To ensure compliance with this article, the department may verify the financial responsibility of the owner of a motor vehicle involved in an accident in this state. If an accident involves an unregistered vehicle, the department may conduct a financial responsibility verification in the same manner as required for a registered vehicle.

B. If a motor vehicle is selected for financial responsibility verification under subsection A of this section, the department shall verify all insurance information on file for the requested vehicle by forwarding the information contained on the record to the insurer or the applicable party to determine if the insurance was in effect on the date of the accident.

C. On receipt of a denial from an insurer or any other applicable party or if no insurance information was on file, the department shall mail a notice to the owner requiring evidence from the owner that the motor vehicle met the financial responsibility requirement of section 28-4135 or section 28-4033, subsection A, paragraph 2, subdivision (c) on the date of the accident. The notice shall require the owner to submit evidence of financial responsibility to the department within thirty days after the date the notice was mailed.

D. The department shall verify all evidence of financial responsibility submitted pursuant to subsection C of this section and shall take action as follows:

1. If the evidence of financial responsibility submitted by the owner indicates the existence of a motor vehicle or automobile liability policy covering the motor vehicle, the following steps shall be taken:

(a) The department shall forward the evidence document or the applicable information contained in the evidence document to the listed insurer or other appropriate party to determine whether the policy was valid on the date of the accident.

(b) The insurer or other appropriate party shall notify the department in writing within thirty days after the date the inquiry was mailed if the policy was not valid on the date indicated.

(c) On receipt of a letter of denial from an insurer or any other appropriate party, the department shall send to the owner a suspension notice that states:

(i) The insurer's denial of coverage on the date of the accident.

(ii) The owner's driver license and motor vehicle registration will be suspended fifteen days after the date the suspension notice was mailed unless the owner produces additional evidence to the department on or before the effective date of the suspension that the financial responsibility requirement of section 28-4135 or section 28-4033, subsection A, paragraph 2, subdivision (c) was met for the vehicle on the date of the accident or unless the owner requests a hearing.

2. If the evidence of financial responsibility submitted by the owner indicates either self-insurance or a certificate of deposit, the department shall:

(a) Verify that the evidence is properly reflected in the department records.

(b) If it is determined that the evidence of financial responsibility is false or otherwise invalid, send a suspension notice to the owner that the person's driver license and motor vehicle registration will be suspended fifteen days after the date the suspension notice is mailed unless a hearing is requested.

3. If the person appearing as the registered owner of the vehicle according to department records is able to provide proof as prescribed by the director that the vehicle was sold before the date of the accident, the department shall not suspend the driver license or registration privilege of the person.

E. Information that is being verified pursuant to this section is a public record.