SR-22 Insurance Attorney

The Indiana BMV Describes Its Insurance Requirements as Follows:

Indiana Law states a person may not operate a motor vehicle in Indiana if financial responsibility is not in effect with respect to the motor vehicle operated, or the person is not otherwise insured to operate the motor vehicle. All motorists that operate a motor vehicle on Indiana roadways are required to maintain the state’s minimum amount of liability insurance coverage for the vehicle they operate. The state of Indiana has a 25/50/25 minimum liability insurance requirement. This required minimum coverage includes $25,000 for bodily injury to or the death of one (1) individual, $50,000 for bodily injury to or the death of two (2) or more individuals in any one (1) accident, and $25,000 for damage to or the destruction of property in one (1) accident.

The Bureau of Motor Vehicles (BMV) is required to verify that all motorists have the minimum liability insurance coverage in effect with respect to the vehicle operated whenever a vehicle operator is involved in:

        >   An auto accident for which the BMV receives an accident report.

         >   A pointable moving violation within one (1) year of receiving two (2) other pointable moving violations.

         >   A serious traffic violation, such as a misdemeanor or felony.

        >   Any pointable violation by a driver who was previously suspended for failing to provide proof of financial responsibility.

Drivers are not relieved of the requirement to provide proof of financial responsibility following a conviction, even if the conviction is ordered expunged, vacated, or otherwise removed from the record. In addition to the scenarios outlined above, the BMV may request proof of financial responsibility at any time.

If any of the preceding situations occur, a request for financial responsibility verification (referred to as a certificate of compliance by the BMV) will be sent to your mailing address on file with the Indiana BMV.

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Certificate of Compliance

The Indiana BMV describes what you should do if you receive a request for financial responsibility as follows:

You must arrange for your insurance provider to file a Certificate of Compliance (COC) electronically with the Indiana BMV. The COC will demonstrate that you and the vehicle you were operating at the time of the incident or accident were insured to the state’s minimum motor vehicle liability protection. The COC must be received and processed by the BMV within ninety (90) days of the BMV’s mailing of a request for financial responsibility verification, or your driving privileges will be suspended. Once your driving privileges are suspended, you may have the suspension removed from your driver's record by having your insurance provider electronically provide the COC to the BMV, proving the vehicle involved had coverage in place on the date the incident or accident occurred.

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SR22

The SR 22 is proof of future responsibility and may be required by the Indiana BMV for up to five (5) years.

The Indiana BMV describes the SR22 form as follows:

If your driving privileges are suspended upon conviction of certain court-related offenses or for insurance violations, Indiana law may require you to hold SR22 insurance. Your insurance provider must electronically file proof of future financial responsibility with an SR22 form for you to be reinstated. The SR22 requirement, along with any reinstatement fees, must be satisfied before your driving privileges will be reinstated.

The SR22 form demonstrates that you have a motor vehicle insurance policy that meets the state’s minimum standards, and it cannot be canceled without prior notice given to the Indiana BMV. When you have an SR22 requirement, you must maintain an effective SR22 policy on file with the Indiana BMV for three (3) years as a result of your first and/or second no-insurance suspension; or five (5) years as a result of your third and subsequent no-insurance suspensions. If the Indiana BMV receives an SR26 (cancellation of SR22 insurance) notice from your insurance provider, or the BMV does not have an effective SR22 on file at any time during the three (3) or five (5) year period, your driving privileges will be suspended until the Indiana BMV receives an effective SR22 policy that shows coverage is in effect, or the SR22 requirement period expires.

Out of State Residency Affidavit

Out of State residents may submit an Out of State Residency Affidavit to waive either an SR50 or SR22 requirement. However, should you become an Indiana resident again before the insurance requirement period expires, you still have to meet the insurance requirements until the expiration date.

We hope the information above serves as a quick and easy reference. If you have additional questions, you should contact your insurance agent. If you are looking for legal representation, please call the Stracci Law Group at (219) 525-1000. We are always here to help.

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