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proof of financial responsibility
need help with a little research here in georgia. georgia is suspending the licenses of people who dont have proof of insurance, but, looks like their code says that proof of financial responsibility must be shown when theres a ACCIDENT. look at this portion of the code. the complete code can be found by typing in official code of georgia annotated in google. IT STARTS HERE:
40-6-10.
(a)(1) Until December 31, 2003, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. NOW, FURTHER DOWN IN THIS SECTION THEY DO MENTION SUSPENDING YOUR LICENSE, BUT REMEMBER, THEY REFER BACK TO TITLE 33 ABOVE FOR THE REASON.
THEN IT MOVES HERE, THIS IS WHERE THE TRICK COMES IN. YOU START AT TITLE 40 CHAPTER 6 WHICH REFERS YOU TO TITLE 33 CHAPTER 34 WHICH REFERS YOU TO TITLE 40 CHAPTER 9 WHICH SPEAKS OF ACCIDENTS ONLY.
33-34-4.
No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under Chapter 9 of Title 40, the 'Motor Vehicle Safety Responsibility Act.'
ok, now my research took me to title 40.
40-9-32.
(a) The department, not less than 30 days after receipt of an accident report or notice of an accident with respect to which a person claims under oath to have suffered damages and requests determination of security, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. Such determination shall be made on the basis of the reports or other information submitted. Notwithstanding any other provisions of this chapter, the department shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than six months after the date of the accident.
(b) The department, upon determining the amount of security required, shall give written notice to each operator and owner of the amount of security required to be deposited by him or her. Such notice shall state that each operatoŕs license shall be suspended on the thirtieth day from the date of mailing of notice unless within that time the required security is deposited and such owner or operator shall give proof of financial responsibility for the future. The license of the one depositing the security will not then be suspended.
(c)(1) Any person so notified may, within ten days after receipt of such notification, make a written request to the department for a hearing. Such request shall operate as a stay of any suspension pending the outcome of such hearing. The scope of such hearing, for the purposes of this Code section, shall cover the issues of whether there is a reasonable possibility that a judgment could be rendered against such person in an action arising out of the accident and whether such person is exempt from the requirement of depositing security under Code Section 40-9-34. The department may also consider at such hearing the amount of security required. The requirements of depositing security under this Code section shall not apply to any person against whom the department has found that there is not a reasonable possibility of a judgment being rendered.
(2) For the purposes of this Code section, a hearing may consist of a department determination of such issues, such determination to be based solely on written reports submitted by the operator or owner and by investigatory officers, provided that the owner or operator in his or her request to the department for a hearing has expressly consented to this type of hearing and that the department has also consented thereto.
(d) Any person required to give security after a hearing as provided in subsection (c) of this Code section may petition for judicial review of the decision of the department, but suspension of such persońs driveŕs license or operating privilege shall not be stayed while such appeal is pending. The superior court upon such appeal may consider the written reports considered by the department at the hearing as authorized by subsection (c) of this Code section.
WAIT, IT GETS BETTER:40-9-35.
(a) Any two or more of the persons involved in or affected by an accident may enter into a written agreement for the payment of an agreed amount with respect to all claims of any of such persons because of bodily injury to or death or property damage arising from such accident, which agreement may provide for payment in installments, and may file a signed copy thereof with the department.
(b) The department, to the extent provided by any such written agreement filed with it, shall not require the deposit of security and shall terminate any prior order of suspension or, if security has previously been deposited, the department shall immediately return such security to the depositor or his personal representative.
NOW, IF IM READING THIS ALL WRONG, CORRECT ME , BUT LOOKS LIKE THEY JUMP ALL OVER THE PLACE TO THROW YOU OFF THE SCENT THAT ONLY PEOPLE WHO ARE INVOLVED IN ACCIDENTS CAN BE ARRESTED IF THEY DONT HAVE THE PROOF OF FINANCIAL RESPONSIBILITY.
Last edited by kgod999 : 03-04-2006 at 10:39 PM.
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