60-507. Accident; damage in excess of one thousand dollars; suspend license; suspend privilege of operation by nonresident; notice; exception; proof of financial responsibility; failure to furnish information; effect.

(1) Within ninety days after the receipt by the Department of Transportation of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person, including such operator, to an apparent extent in excess of one thousand dollars, the Department of Motor Vehicles shall suspend (a) the license of each operator of a motor vehicle in any manner involved in such accident and (b) the privilege, if such operator is a nonresident, of operating a motor vehicle within this state, unless such operator deposits security in a sum which shall be sufficient, in the judgment of the Department of Motor Vehicles, to satisfy any judgment or judgments for damages resulting from such accident which may be recovered against such operator and unless such operator gives proof of financial responsibility.

Notice of such suspension shall be sent by the Department of Motor Vehicles by regular United States mail to such operator not less than twenty days prior to the effective date of such suspension at his or her last-known mailing address as shown by the records of the department and shall state the amount required as security and the requirement of proof of financial responsibility. In the event a person involved in a motor vehicle accident within this state fails to make a report to the Department of Motor Vehicles indicating the extent of his or her injuries or the damage to his or her property within thirty days after the accident, and the department does not have sufficient information on which to base an evaluation of such injury or damage, the department, after reasonable notice to such person, may not require any deposit of security for the benefit or protection of such person. If the operator fails to respond to the notice on or before twenty days after the date of the notice, the director shall summarily suspend the operator's license or privilege and issue an order of suspension.

(2) The order of suspension provided for in subsection (1) of this section shall not be entered by the Department of Motor Vehicles if the department determines that in its judgment there is no reasonable possibility of a judgment being rendered against such operator.

(3) In determining whether there is a reasonable possibility of judgment being rendered against such operator, the department shall consider all reports and information filed in connection with the accident.

(4) The order of suspension provided for in subsection (1) of this section shall advise the operator that he or she has a right to appeal the order of suspension in accordance with the provisions set forth in section 60-503.

(5) The order of suspension provided for in subsection (1) of this section shall be sent by regular United States mail to the person's last-known mailing address as shown by the records of the department.

Source

Annotations

This section clearly details the proof of financial responsibility requirements that a vehicle operator or owner must meet in the event of an accident. Russell v. State, 247 Neb. 885, 531 N.W.2d 212 (1995).

The plain language of subsection (1) of this section requires only that notice be sent by the Department of Motor Vehicles by certified mail to such motor vehicle operator. It does not require that a return receipt be requested. Wollenburg v. Conrad, 246 Neb. 666, 522 N.W.2d 408 (1994).

Defendant cannot rely on notice provisions of this section as a defense if he has made an intelligent and voluntary guilty plea. State v. Jones, 214 Neb. 145, 332 N.W.2d 702 (1983).

An order entered by the Director of Motor Vehicles suspending a motor vehicle operator's license should not be set aside unless there is no reasonable possibility of a judgment being rendered against the operator in question. Wroblewski v. Pearson, 210 Neb. 82, 313 N.W.2d 231 (1981).

On facts in this case, dismissal of petition contesting order of suspension of driver's license was proper. Schetzer v. Sullivan, 193 Neb. 841, 229 N.W.2d 550 (1975).

Department is required to suspend license when statutory conditions exist. Montgomery v. Blazek, 161 Neb. 349, 73 N.W.2d 402 (1955).

Department may suspend license for failure to deposit security. Hadden v. Aitken, 156 Neb. 215, 55 N.W.2d 620 (1952).