Accidents

264:3 When Proof Required After Report of Accident. –

I. After receipt of the report required by RSA 264:25, the director shall suspend the license and registration certificate and require the surrender of the registration plates, if any, of the driver, and shall suspend the registration certificates and require the surrender of the plates of the owner of the vehicle, trailer, or semi-trailer involved in the accident reported and shall suspend his license, if any, or driving privilege until such driver or owner or both shall have furnished sufficient security to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against such owner or driver by or on behalf of the aggrieved person or his legal representative, and until such owner or driver or both shall give and thereafter maintain proof of financial responsibility in the future. Notice of such suspension and of the requirement of such surrender shall be sent by the director to such driver and owner not less than 10 days prior to the effective date of such suspension.

II. This section shall not apply:

(a) To such owner or driver if such owner had in effect at the time of such accident with respect to such vehicle a motor vehicle liability policy or motor vehicle liability bond, as herein defined;

(b) To such driver, if not the owner of such vehicle, if there was in effect at the time of such accident such a policy or bond with respect to his driving of vehicles not owned by him;

(c) To such owner or driver if the liability of such owner or driver for the damages resulting from such accident is, in the judgment of the director, covered by any other form of insurance policy or bond, or proof of financial responsibility in accordance with RSA 264:20 and 21.

III. Where erroneous information with respect to insurance coverage of the owner or driver of any such vehicle is furnished to the department, it shall take appropriate action as above provided after the receipt by it of correct information with respect to such coverage.

IV. Within 15 days after the receipt of notice of such accident from the department, the insurance carrier or surety company which issued such policy shall notify the department in such manner as it may require in case such policy was not in effect at the time of such accident. If no such notification is received within such 15 days, the director may assume that such a policy was in effect at the time of the accident.

V. In case any such driver or owner has no license to drive a vehicle or no vehicle registered in his name in this state, he shall not be allowed a license or registration until he has complied with this chapter to the same extent as would be necessary if he had held a driver's license and a vehicle registration at the time of the accident.

VI. No such policy shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that such policy may be accepted from an insurance company or surety company not authorized to do business in this state if such company possesses capital and assets to the extent and of the quality required under the provisions of RSA 405:2 or 4, as determined by the insurance commissioner of this state and such company shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action involving such policy arising out of such accident; provided, however, every such policy shall provide the same degree of security as required by this chapter.

VII. Notwithstanding the provisions of RSA 264:5 or any determination previously made by the director under this section, the director, upon receipt of satisfactory evidence that there is an unsatisfied judgment against any owner or driver required by RSA 264:25 to report an accident which judgment was rendered in an action for damages to property or for personal injuries arising out of said accident, shall, until said owner or driver or both shall have satisfied said judgment to the extent required by RSA 264:8, suspend the license and driving privilege and registration certificates and require the surrender of the registration plates, if any, of said driver and owner.

Source. 1937, 161:6. RL 122:5. 1943, 85:1. 1951, 66:1. RSA 268:5. 1955, 93:1; 94:2, 3. 1957, 305:2, 3. 1967, 108:2. 1981, 146:1. 1985, 179:1. 1989, 305:14, eff. July 1, 1989.

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