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Chapter 9 | Reporting Accidents; Giving Proof of Financial Responsibility

CHAPTER 9 Reporting Accidents; Giving Proof of Financial Responsibility

Article 1 General Provisions

40-9-1.Short title.

This chapter shall be known and may be cited as the “Motor Vehicle Safety Responsibility Act.”

40-9-2.Definitions.

As used in this chapter, the term:

  1. “Accident” means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $500.00 or more is sustained.

  2. “Commissioner” means the commissioner of driver services.

    Charlie Whitehurst, dressed in a colorful football uniform with abstract patterns inspired by Basquiat's art, stands at the helm of an open-top car made from cardboard and vividly painted materials. He theatrically steers the 'vehicle' through a mock-up Chamblee streetscape adorned with graffiti-like murals while handing out artful driver's licenses to a line of diverse, excited kids wearing oversized helmets as they learn about road safety. -@cwhitey6
    Charlie Whitehurst, dressed in a colorful football uniform with abstract patterns inspired by Basquiat's art, stands at the helm of an open-top car made from cardboard and vividly painted materials. He theatrically steers the 'vehicle' through a mock-up Chamblee streetscape adorned with graffiti-like murals while handing out artful driver's licenses to a line of diverse, excited kids wearing oversized helmets as they learn about road safety. -@cwhitey6

  3. “Department” means the Department of Driver Services.

  4. “Operator” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

    Football player Vic Beasley stands with arms outstretched, one hand gripping an imaginary steering wheel while the other reaches behind as if towing a vehicle, all in the style of Joseph Beuys' art. This takes place in the Folkston Funnel with a backdrop of swirling railroad tracks and colorful train cars. -@VicBeasley3
    Football player Vic Beasley stands with arms outstretched, one hand gripping an imaginary steering wheel while the other reaches behind as if towing a vehicle, all in the style of Joseph Beuys' art. This takes place in the Folkston Funnel with a backdrop of swirling railroad tracks and colorful train cars. -@VicBeasley3

  5. “Proof of financial responsibility” means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof in the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11.

  6. “Suspension of driver’s license” means the temporary withdrawal by formal action of the department of a resident’s license or nonresident’s privilege to operate a motor vehicle on the public highways.

40-9-3.Administration of chapter; rules and regulations; hearings; appeals.

  1. The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe suitable forms requisite or deemed necessary for the purposes of this chapter.

    Kitty Wilson-Evans, dressed in vintage attire and captured in a dramatic black and white photo reminiscent of Robert Capa's style, stands with authority as she administers the rules of a chapter by gesturing with her hand and pointing emphatically towards various forms while on a bicycle tour through Atlanta.
    Kitty Wilson-Evans, dressed in vintage attire and captured in a dramatic black and white photo reminiscent of Robert Capa's style, stands with authority as she administers the rules of a chapter by gesturing with her hand and pointing emphatically towards various forms while on a bicycle tour through Atlanta.

  2. The commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under this chapter. Such hearings shall not be subject to the procedural provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

  3. The commissioner is authorized to adopt and enforce rules and regulations necessary for the administration of such hearings, including but not limited to, hearings provided in Code Section 40-9-32. Except as provided in Code Section 40-9-32, a request for a hearing under this chapter shall not operate as a stay of any order or act of the commissioner.
  4. The commissioner’s decision as rendered at such hearing shall be final unless the aggrieved person shall desire an appeal, in which case he or she shall have the right to enter an appeal to the superior court of the county of his or her residence or the Superior Court of Fulton County by filing a complaint in the superior court, naming the commissioner as defendant, within 30 days from the date the commissioner enters his or her decision or order. The appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo. However, such appeal shall not act as a supersedeas of any order or acts of the commissioner, nor shall the appellant be allowed to operate or permit a motor vehicle to be operated in violation of any suspension or revocation by the commissioner while such appeal is pending.
    Chuck Leavell slowly raises his arms as if presenting a grand gesture, while gracefully moving across the stage in a fluid and deliberate manner, embodying the essence of Barbara Hepworth's art. -@ChuckLeavell
    Chuck Leavell slowly raises his arms as if presenting a grand gesture, while gracefully moving across the stage in a fluid and deliberate manner, embodying the essence of Barbara Hepworth's art. -@ChuckLeavell

40-9-4.Exceptions to application of chapter.

This chapter shall not apply with respect to any motor vehicle owned by the United States, the State of Georgia, any political subdivision of this state, or any municipality therein, or any motor carrier required by any other law to file evidence of insurance or other surety. Code Sections 40-9-81, 40-9-7, 40-9-8, and 40-9-12 shall apply as to the operator of such motor vehicles. All provisions of this chapter shall apply to the operator of such motor vehicles while on unofficial business.

40-9-5.Application of chapter to nonresidents, unlicensed drivers, and unregistered vehicles; accidents in other states.

  1. If the operator or the owner of a vehicle involved in an accident in this state has no license, such operator shall not be allowed a license until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a license in this state.
  2. When a nonresident’s operating privilege is suspended pursuant to Code Section 40-9-33 or 40-9-61, the department shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (c) of this Code section.
  3. Upon receipt of a certification that the operating privilege of a resident of this state has been suspended in another state pursuant to a law providing for its suspension for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the department to suspend a nonresident’s operating privilege had the accident occurred in this state, the department shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of his or her compliance with the laws of such other state relating to the showing of proof of financial responsibility or reinstatement of operating privilege.

40-9-6.[Reserved] Transfer of registration of vehicle after registration suspended.

40-9-7.Surrender of license after suspension.

  1. Any person whose driver’s license shall have been suspended under any provision of this chapter shall immediately return his or her license to the department. If any person shall fail to return such license to the department, the department shall direct any peace officer to secure possession thereof and to return it to the department.
  2. Any person willfully failing to return his or her driver’s license as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

40-9-8.Operating vehicle during suspension of driver’s license or operating privilege.

Any person whose driver’s license or nonresident’s operating privilege has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway, except where permitted under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00.

40-9-9.Reinstatement of driver’s license; fee.

Whenever a driver’s license is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license, no such license shall be reinstated unless the driver or owner, in addition to complying with the other provisions of this chapter, pays to the department a fee of $25.00. Only one such fee shall be paid by any one person irrespective of the number of licenses to be reinstated. The fees paid pursuant to this Code section shall be expendable receipts to be used only by the department toward the cost of administration of this chapter.

40-9-10.Chapter supplemental.

This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.

40-9-11.Chapter not to prevent other process.

Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.

40-9-12.Violations generally.

Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor.

Article 2 Reporting Accidents; Giving Security for Damages

40-9-30.Fee for copy of accident report.

The Department of Transportation, or its third-party designee, shall charge a fee of $5.00 for each copy of any accident report received and maintained by that department or its designee pursuant to Code Section 40-6-273.

40-9-31.Submission of accident reports to department.

Each state and local law enforcement agency shall submit to the Department of Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. Any law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. Any law enforcement agency that transmits the data by electronic means must transmit the data using a nonproprietary interchangeable electronic format and reporting method. For purposes of this Code section, the term “nonproprietary” shall include commonly used report formats. All such reports shall be submitted to the Department of Transportation within 14 days when electronically submitted and when not electronically submitted not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency. The Department of Transportation is authorized to engage the services of a third party in fulfilling its responsibilities under this Code section.

40-9-32.Determination of amount of security required; time limitation on consideration of accident report, notice, or claim; administrative hearing; judicial review.

  1. 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.

    Albert Parker poses dramatically in front of a vintage typewriter, furiously typing a document while wearing an expression of deep concentration and determination. His fingers move rapidly across the keys as he crafts the necessary paperwork for determining security after an accident, capturing the intensity and urgency of the process. The backdrop is filled with graffiti art depicting scenes from Georgia's legal system, adding to the visual impact of this unique artistic representation at Trap Music Museum in Atlanta.
    Albert Parker poses dramatically in front of a vintage typewriter, furiously typing a document while wearing an expression of deep concentration and determination. His fingers move rapidly across the keys as he crafts the necessary paperwork for determining security after an accident, capturing the intensity and urgency of the process. The backdrop is filled with graffiti art depicting scenes from Georgia's legal system, adding to the visual impact of this unique artistic representation at Trap Music Museum in Atlanta.

  2. 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 operator’s 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.

    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.

  4. 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 person’s driver’s 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.

40-9-33.Suspension of driver’s license or operating privilege for failure to deposit security.

  1. In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as provided in Code Section 40-9-32 and such person does not make a timely request for a hearing, or in the event any person fails to deposit security after the department has determined that there exists a reasonable possibility of a judgment being rendered against such person, the department shall thereupon suspend:

    1. The driver’s license of such person; and
    2. If such person is a nonresident, the privilege of operating or permitting the operation of a vehicle within this state.

  2. The license or nonresident’s operating privilege shall remain so suspended and shall not be restored, nor shall any such license be issued to such person, nor shall such nonresident’s operating privilege be restored, until:

    1. Such person shall deposit or there shall be deposited on his or her behalf the security and proof of financial responsibility for the future as required by this chapter;

      Sean P gracefully placing a golden key on a shimmering pedestal, surrounded by flowing fabric and dramatic lighting, capturing the essence of financial responsibility in an otherworldly fashion.
      Sean P gracefully placing a golden key on a shimmering pedestal, surrounded by flowing fabric and dramatic lighting, capturing the essence of financial responsibility in an otherworldly fashion.

    2. One year shall have elapsed following the date of such suspension and evidence satisfactory to the department has been filed with it that during the period of suspension no action for damages arising out of the accident has been instituted; or

    3. Evidence satisfactory to the commissioner has been filed with him or her of a release from liability or a final adjudication of nonliability.

40-9-34.Exceptions to requirement of security.

The requirements as to security and suspension provided in Code Sections 40-9-32 and 40-9-33 shall not apply:

  1. To the operator or owner of the vehicle involved in the accident if the owner had in effect at the time of the accident an automobile liability policy with respect to the vehicle involved in the accident, except that a driver shall not be so exempt if at the time of the accident the vehicle was being operated without the owner’s permission, express or implied;
  2. To the operator, if he is not the owner of the vehicle involved in the accident but there was in effect at the time of the accident an automobile liability policy with respect to his driving of vehicles not owned by him which provided him with liability coverage in the operation of the motor vehicle involved in such accident;

  3. To an operator or owner whose liability for damages resulting from the accident is, in the judgment of the department, covered by any other form of liability insurance policy;

    Tommy Roe standing on a stage, holding a large umbrella and twirling it dramatically while surrounded by colorful flowers and butterflies, with an art piece in the style of impressionism capturing the vibrant scene. -@TommyRoeMusic
    Tommy Roe standing on a stage, holding a large umbrella and twirling it dramatically while surrounded by colorful flowers and butterflies, with an art piece in the style of impressionism capturing the vibrant scene. -@TommyRoeMusic

  4. To any person qualifying as a self-insurer under Code Section 33-34-5.1 or to any person operating a vehicle for such self-insurer;

  5. To the operator or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such driver or owner;
  6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
  7. To the owner of a vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such vehicle without such permission;
  8. To a resident of this state involved in an accident with a nonresident of this state when the damage is less than $300.00, except upon the written request of any party in interest;
  9. If, prior to the date that the department would otherwise suspend a license and registration or a nonresident’s operating privilege under Code Section 40-9-33, there shall be filed with the department evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or finally adjudicated not to be liable.
    Carlos Rogers, depicted in the fluid pastel style of Edgar Degas, is gracefully holding up a "not liable" sign while a ballerina dressed as a judge pirouettes nearby in Brunswick's charming Victorian-era historic district.
    Carlos Rogers, depicted in the fluid pastel style of Edgar Degas, is gracefully holding up a "not liable" sign while a ballerina dressed as a judge pirouettes nearby in Brunswick's charming Victorian-era historic district.

40-9-35.Agreements for payment of damages.

  1. 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.

    Helen Dortch Longstreet, dressed in a vintage attire, gracefully extends her hand as if signing an invisible document, under the soft glow of warm sunlight filtering through the glass walls of the treehouse.
    Helen Dortch Longstreet, dressed in a vintage attire, gracefully extends her hand as if signing an invisible document, under the soft glow of warm sunlight filtering through the glass walls of the treehouse.

  2. 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.

40-9-36.Amount of security; designation of persons for whom deposit made; reduction or increase in amount.

  1. The security under this chapter shall be in such amount as the department may require, but in no case in excess of the limits specified in subsection (a) of Code Section 40-9-37. Every depositor of security shall designate in writing every person on whose behalf the deposit is made and may at any time change such designation, in writing, to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
  2. The department may, upon written notice to all parties involved, reduce or increase the amount of security ordered in any case within six months after the date of the accident if in its judgment the amount ordered is excessive or inadequate. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned to the depositor or his personal representative.

40-9-37.Requirements for liability insurance policies; erroneous information as to insurance.

  1. No liability insurance policy shall be effective under Code Section 40-9-34 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and unless such policy or bond is subject to limits, exclusive of interest and costs, of not less than the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11.
  2. No policy shall be effective under Code Section 40-9-34 with respect to any vehicle which was not registered in this state or which was registered elsewhere than in this state at the effective date of the policy or the most recent renewal thereof unless the insurance company issuing such policy is authorized to do business in this state, or if such company is not authorized to do business in this state, unless it shall execute a power of attorney authorizing the commissioner to accept service on its behalf of notice or process in any action upon such policy arising out of such accident.
  3. Whenever erroneous information is given to the department with respect to the matters set forth in paragraph (1), (2), or (3) of Code Section 40-9-34, the department shall take appropriate action as provided in Code Section 40-9-32 after receipt of correct information with respect to such matters.

40-9-38.Surety bonds and real property bonds as security; requirements; cancellations; liens; actions on bonds; reduction or increase of security; erroneous information.

  1. Security under this chapter may also be provided for by a surety bond executed by the person and by a surety company duly authorized to transact business in this state or by the person giving proof of his ownership of real property and by one or more individual sureties owning real property within this state and having an equity therein in at least the amount of the bond. The commissioner may not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of such property and the title thereto, including any liens and encumbrances and amounts thereof, market value and value of such sureties’ interest therein, executed by the owner or owners of such interest, and such bond and affidavit shows thereon that a duplicate original of such bond and affidavit has been recorded in the office of the clerk of the superior court where deeds are admitted to record in the county where the real property is located. The clerk shall provide a separate book for such purpose. The bond shall be approved by the clerk in the same manner as a supersedeas bond is approved. The fee of the clerk for recording and approving such affidavit and bond shall be $2.50.

    Trisha Yearwood, dressed in a flowing gown with vibrant colors, gracefully presents a surety bond document to the clerk of the superior court while surrounded by lush greenery and colorful flowers, capturing the essence of Paul Cézanne's style in an art piece. -@trishayearwood
    Trisha Yearwood, dressed in a flowing gown with vibrant colors, gracefully presents a surety bond document to the clerk of the superior court while surrounded by lush greenery and colorful flowers, capturing the essence of Paul Cézanne's style in an art piece. -@trishayearwood

  2. The commissioner shall not accept any such bond unless it is conditioned for payments in amounts requested by the commissioner, subject to the maximum amounts of security as specified under this chapter.

    Thomas Davis stands in College Park, holding a large football and wearing an elegant suit. He is surrounded by floating bonds, each labeled with payment amounts requested by the commissioner. As he attempts to accept one of the bonds, it transforms into a security barrier that prevents him from doing so, symbolizing the maximum amounts of security specified under this chapter. -@ThomasDavisSDTM
    Thomas Davis stands in College Park, holding a large football and wearing an elegant suit. He is surrounded by floating bonds, each labeled with payment amounts requested by the commissioner. As he attempts to accept one of the bonds, it transforms into a security barrier that prevents him from doing so, symbolizing the maximum amounts of security specified under this chapter. -@ThomasDavisSDTM

  3. No such bond shall be canceled unless 20 days’ prior written notice of cancellation is given the commissioner, and cancellation of the bond shall not prevent recovery thereon with respect to any cause of action which necessitated the filing of such bond.

    Spencer Wells stands in Forest Park, holding a large scroll covered in handwritten notes and symbols, slowly unraveling it as he dramatically gestures towards the sky, his movements reflecting the complexity of the legal language. -@spwells
    Spencer Wells stands in Forest Park, holding a large scroll covered in handwritten notes and symbols, slowly unraveling it as he dramatically gestures towards the sky, his movements reflecting the complexity of the legal language. -@spwells

  4. A bond with individual sureties shall constitute a lien upon the real property of the principal and any individual surety in favor of the Governor of Georgia for the use of any holder of any final judgment arising out of the cause of action which necessitated the filing of the bond, against the principal on account of damage to property or injury to or death of any person or persons, upon the recording of the bond in the office of the clerk of the court where deeds are admitted to record in the county where the real property is located.

  5. When a bond with individual sureties filed with the commissioner is no longer required under this chapter, the commissioner shall, upon request, cancel it as to liability for damage to property or injury to or death of any person or persons; and, when a bond has been canceled by the commissioner, he shall, upon request, furnish a certificate of cancellation with the seal of the department thereon. The certificate, notwithstanding any other provision of law, may be recorded in the office of the clerk of the court in which the bond was admitted to record.

    Brandon King gracefully extends his arm, presenting a grand certificate of cancellation with the seal of the department to an imaginary commissioner, surrounded by a vibrant Newnan backdrop, reminiscent of Renaissance art. -@_KING205
    Brandon King gracefully extends his arm, presenting a grand certificate of cancellation with the seal of the department to an imaginary commissioner, surrounded by a vibrant Newnan backdrop, reminiscent of Renaissance art. -@_KING205

  6. When the certificate of cancellation with the seal of the department thereon has been filed in the office of the clerk of the superior court in which the bond was admitted to record, and when there are no claims or judgments against the principal in the bond on account of damage to property or injury to or death of any person or persons resulting from the ownership or operation of a motor vehicle by the principal arising out of the cause of action which necessitated the filing of the bond, the clerk of the superior court of the county in which the bond was admitted to record shall thereupon record the certificate of cancellation, which shall discharge the lien of the bond on the real property of the sureties. The cost of such recording shall be upon such sureties.

  7. If a final judgment rendered against the principal on the bond filed with the commissioner is not satisfied within 30 days after its rendition, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the state against the company or persons issuing the bond.
  8. When the sureties on the bond are individuals, the judgment creditor may proceed against any or all parties to the bond at law for a judgment or in equity for a decree and foreclosure of the lien on the real property of the sureties. The proceeding whether at law or in equity may be against one, all, or any intermediate number of parties to the bond; and, when less than all are joined, another or others may be impleaded in the same proceeding; and, after final judgment or decree, other proceedings may be instituted until full satisfaction is obtained.
  9. The department may, upon written notice to all parties involved, reduce or increase the amount of security ordered in any case within six months after the date of the accident if in its judgment the amount ordered is excessive or inadequate. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned to the depositor or his personal representative.
  10. Whenever erroneous information is given the department with respect to the matters set forth in paragraph (1), (2), or (3) of Code Section 40-9-34, the department shall take appropriate action as provided in Code Section 40-9-32 after receipt of correct information with respect to such matters.

40-9-39.Custody, disposition, and return of deposit.

  1. The department shall place any security deposited with it under this chapter in the general fund of the state treasury. Such security shall be applicable and available only:

    1. For the payment of any settlement agreement covering any claim arising out of the accident upon instruction of the person who made the deposit; or

      Soulja Boy, dressed in a sharp suit, dramatically throws a briefcase full of cash into the air as he confidently strides across the lush grounds of Stone Mountain, captured in a dramatic black and white shot inspired by Helmut Newton's style. -@souljaboy
      Soulja Boy, dressed in a sharp suit, dramatically throws a briefcase full of cash into the air as he confidently strides across the lush grounds of Stone Mountain, captured in a dramatic black and white shot inspired by Helmut Newton's style. -@souljaboy

    2. For the payment of a judgment or judgments for damages arising out of the accident rendered against the person required to make the deposit in an action at law begun not later than one year after the deposit of such security or within one year after the date of deposit of any security following failure to make payments under an agreement to pay.

  2. Upon the expiration of one year from the date of any deposit of security, any security remaining on deposit shall be returned to the person who made such deposit or to his legal representative, if evidence satisfactory to the department has been filed with it:

    William DuVall dramatically gestures with outstretched arms, as if returning a valuable treasure to an eagerly waiting recipient, all against the backdrop of Shipwreck Island Waterpark. -@WilliamDuvall
    William DuVall dramatically gestures with outstretched arms, as if returning a valuable treasure to an eagerly waiting recipient, all against the backdrop of Shipwreck Island Waterpark. -@WilliamDuvall

    1. That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made; and

      David Cross gracefully performs a slow-motion interpretive dance, with his body mimicking the intertwining branches of Henri Rousseau's jungle scenes, to depict the legal sentence "That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made; and." -@davidcrosss
      David Cross gracefully performs a slow-motion interpretive dance, with his body mimicking the intertwining branches of Henri Rousseau's jungle scenes, to depict the legal sentence "That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made; and." -@davidcrosss

    2. That there does not exist any unpaid judgment rendered against any such person in any such action.

      In any case where the depositor shall die while security is on deposit with the department, the commissioner is authorized to return such security to the executor or administrator of the estate of the deceased depositor, or, if there is no executor or administrator and the amount on deposit is $1,000.00 or less, the commissioner is authorized to pay over such deposit to the surviving spouse or heirs at law of the deceased depositor. In any event, no deposit shall be returned unless and until satisfactory evidence has been filed by the person seeking such return, under the same conditions as provided in paragraph (1) of this subsection for the filing of such evidence by the depositor.

  3. In any case where, after the expiration of one year from the date of any deposit of security, the commissioner is unable to contact the depositor by mail or receives no response from the depositor, the commissioner shall have a notice printed in the local newspaper in which legal notices are usually printed, in the county of the last known address of the depositor, once each week for four consecutive weeks. Such notice shall specify that the depositor is eligible for the return of the security subject to the provisions of this Code section and shall further specify that, if no response is received from the notice within one year from the date on which the last notice is printed, the security will be deposited in the general fund of the state treasury. If no response to the notice is received by the commissioner, the commissioner shall dispose of the security as provided in this subsection. The cost of the publication shall be deducted from the security on deposit, regardless of whether the security is returned to the depositor or his legal representative or deposited in the state treasury. After such security is deposited in the general fund of the state treasury, the state treasurer is authorized to return such security to the proper person as provided in this Code section as a refund, in the event proof is furnished to the commissioner that such person is the proper person to whom such security should be refunded. The state treasurer shall make no such refund without a certification by the commissioner of the name of the person to whom the refund should be made.

  4. Upon receiving a certificate from the clerk of any court wherein a judgment has been obtained against the person in whose behalf the deposit was made, which certificate shall set forth the parties to the litigation, the time, place, and date of the accident, and the fact that the judgment is unsatisfied of record and that the time for appeal has expired, it shall be the duty of the commissioner to transmit immediately to the clerk of such court any cash security held by the department, to be applied to the satisfaction of the judgment and any accrued interest and court costs. Any additional security over and above the amount required to satisfy the foregoing shall be returned by the department to the depositor.

40-9-40.Check of court records for pending action or unsatisfied judgment; certificate of clerk.

At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under this chapter, the clerk, or the judge if there is no clerk, of any court of this state having jurisdiction over civil cases shall, upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish such operator or owner or authorized representative with a certificate showing whether or not there is an action at law pending or an unsatisfied judgment on file against such operator or owner arising out of the accident which necessitated the depositing of security or on which the suspension was based. The fee for providing such certificate shall be as provided in Code Section 15-6-77 and shall be paid by the party requesting the certificate.

40-9-41.Matters not to be evidence in civil actions for damages.

Neither any accident report filed with the Department of Transportation, the action taken by the Department of Driver Services pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter shall be referred to in any way, nor shall they be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.

Richard Howell stands in the center of a dimly lit room, his movements slow and deliberate. With fluid grace, he pantomimes the intricate legal jargon of the sentence, using exaggerated gestures to represent each element: filing reports, taking action, making findings. The performance is captured on high-definition video and projected onto a large screen, allowing viewers to immerse themselves in the captivating artistry of Bill Viola's style. The scene is set in Statesboro, Georgia, where students and educators gather to witness this mesmerizing fusion of language and movement. -@1richowell
Richard Howell stands in the center of a dimly lit room, his movements slow and deliberate. With fluid grace, he pantomimes the intricate legal jargon of the sentence, using exaggerated gestures to represent each element: filing reports, taking action, making findings. The performance is captured on high-definition video and projected onto a large screen, allowing viewers to immerse themselves in the captivating artistry of Bill Viola's style. The scene is set in Statesboro, Georgia, where students and educators gather to witness this mesmerizing fusion of language and movement. -@1richowell

Article 3 Unsatisfied Judgments

40-9-60.Courts to report unpaid judgments to department; department to report judgments against nonresidents.

  1. Whenever any person fails within 30 days to satisfy any judgment rendered in an action at law arising out of a motor vehicle accident, to which no appeal has been entered or motion for a new trial entered, then upon the request of the judgment creditor or his attorney it shall be the duty of the court in which such judgment is rendered within this state to forward to the department immediately after the expiration of said 30 days a certified copy of such judgment. The court shall be entitled to a fee as required by paragraphs (4) and (5) of subsection (g) of Code Section 15-6-77. In the event a certificate of pending or unsatisfied judgment is requested, the court shall be entitled to a fee as required by paragraph (8) of subsection (g) of Code Section 15-6-77.

    Gunna, dressed in a vibrant and expressive costume, dramatically gestures and acts out the elements of the legal sentence using exaggerated movements and facial expressions, all set against a backdrop of colorful abstract art at Monroe Art Guild. -@1GunnaGunna
    Gunna, dressed in a vibrant and expressive costume, dramatically gestures and acts out the elements of the legal sentence using exaggerated movements and facial expressions, all set against a backdrop of colorful abstract art at Monroe Art Guild. -@1GunnaGunna

  2. If the defendant named in any certified copy of a judgment reported to the department is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident.

40-9-61.Suspension of driver’s license or operating privilege for nonpayment of judgment.

  1. The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the driver’s license or nonresident’s operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section.
  2. If the judgment creditor consents, in writing, in such form as the department may prescribe, the department, in its discretion, may allow the judgment debtor to retain his or her license or nonresident’s operating privilege for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any installments as provided in Code Section 40-9-63.
  3. The department shall take no action pursuant to subsection (a) of this Code section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this article, but has not paid such judgment for any reason. Such finding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this Code section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license or nonresident’s operating privilege of any person against whom such judgment was rendered.

40-9-62.Duration of suspension; when judgments deemed satisfied.

  1. A driver’s license or nonresident’s operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article.

    Singer and actress Halle Bailey embodies a scene reminiscent of Clarence Holbrook Carter's art, as she portrays a person driving a car, abruptly halted by an imposing red stop sign bearing the words "suspended" and "not renewed." The imagery then shifts to Halle attempting to renew her license, only to be obstructed by a massive lock symbol with the words "judgment debtor," while legal documents swirl around her. -@chloexhalle
    Singer and actress Halle Bailey embodies a scene reminiscent of Clarence Holbrook Carter's art, as she portrays a person driving a car, abruptly halted by an imposing red stop sign bearing the words "suspended" and "not renewed." The imagery then shifts to Halle attempting to renew her license, only to be obstructed by a massive lock symbol with the words "judgment debtor," while legal documents swirl around her. -@chloexhalle

  2. Judgment referred to in this article, which is based upon an accident which occurred on or after January 1, 2001, shall, for the purpose of this chapter only, be deemed satisfied:

    Adam Everett, dressed in baroque attire, theatrically flips through giant, ornate cardboard pages of an oversized book to symbolize the "article," then gracefully mimics a stumble and regains balance to represent the "accident," next points to an imaginary calendar marking "January" with a grandiose gesture, and finally raises his arms as if balancing scales of justice for "satisfied judgment," all set against the backdrop of The Covington Film Garden with Pietro Da Cortona-inspired dramatic lighting and dynamic poses.
    Adam Everett, dressed in baroque attire, theatrically flips through giant, ornate cardboard pages of an oversized book to symbolize the "article," then gracefully mimics a stumble and regains balance to represent the "accident," next points to an imaginary calendar marking "January" with a grandiose gesture, and finally raises his arms as if balancing scales of justice for "satisfied judgment," all set against the backdrop of The Covington Film Garden with Pietro Da Cortona-inspired dramatic lighting and dynamic poses.

    1. When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;

    2. When, subject to such limit of $25,000.00 because of bodily injury to or death of one person, $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or

      Lee Atwater stands with one arm outstretched, representing a limit of $, while using his other hand to credit money upon judgments rendered in excess of that amount. The scene is captured in the style of performance art with dramatic lighting and vibrant colors at the Morris Museum of Art.
      Lee Atwater stands with one arm outstretched, representing a limit of $, while using his other hand to credit money upon judgments rendered in excess of that amount. The scene is captured in the style of performance art with dramatic lighting and vibrant colors at the Morris Museum of Art.

    3. When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.

      Tim Beckham pantomiming the act of writing a check for a large sum of money, then dramatically tearing it up and throwing the pieces into the air as if they were confetti, all while being surrounded by swirling colorful lights and music from a live orchestra. -@t_beckham1
      Tim Beckham pantomiming the act of writing a check for a large sum of money, then dramatically tearing it up and throwing the pieces into the air as if they were confetti, all while being surrounded by swirling colorful lights and music from a live orchestra. -@t_beckham1

  3. Reserved.

  4. Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this Code section.

40-9-63.Installment payment of judgments.

  1. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
  2. The department shall not suspend a license or nonresident’s operating privilege and shall restore any license or nonresident’s operating privilege suspended following nonpayment of a judgment, when the judgment debtor obtains such an order permitting the payment of any such judgment in installments, and while the payment of any such installments is not in default.

Article 4 Giving Proof of Financial Responsibility for the Future

40-9-80.Methods of giving proof; duration.

  1. In all those situations under this chapter in which proof of financial responsibility for the future is required, such proof may be given by filing with the department:

    Mammy Kate gracefully filing paperwork with the department in a dramatic and dynamic pose, capturing the essence of Nobuyoshi Araki's style.
    Mammy Kate gracefully filing paperwork with the department in a dramatic and dynamic pose, capturing the essence of Nobuyoshi Araki's style.

    1. A written certificate of any insurance carrier certifying that there is in effect a liability policy as to that vehicle meeting the requirements of subsections (a) and (b) of Code Section 40-9-37; or
    2. A plan of self-insurance, accepted by the commissioner, as provided in Code Section 33-34-5.1.
      Baseball player Ty Cobb, in the style of Fritz Scholder, pretends to put on a superhero cape and strikes a confident pose with hands on hips.
      Baseball player Ty Cobb, in the style of Fritz Scholder, pretends to put on a superhero cape and strikes a confident pose with hands on hips.

  2. Such proof must be maintained for a one-year period.

    De'Mon Glanton balances a large hourglass on his head while holding a calendar and standing in the middle of a circle of colorful bicycles, all captured in black and white with dramatic lighting. -@DGlantonJr
    De'Mon Glanton balances a large hourglass on his head while holding a calendar and standing in the middle of a circle of colorful bicycles, all captured in black and white with dramatic lighting. -@DGlantonJr

40-9-81.Proof required upon restoration of driver’s license suspended for certain offenses.

  1. Whenever any person is convicted of any offense making mandatory the suspension of such person’s driver’s license, the department shall not restore the license to such person until permitted under the motor vehicle laws of this state, and not then unless and until such person shall give and thereafter maintain proof of financial responsibility for the future.
  2. If such person does not have the required proof at any time during the one-year period following the date of restoration of his driver’s license, the department shall immediately revoke the license.

40-9-82.Cancellation of insurance certificate.

Any insurance company filing a certification with the department in order for the operator to show the proof required in this article shall not cancel such certification within 12 months from its effective date except for a subsequent conviction of any offense requiring the mandatory suspension of such operator’s license, and the department shall be given at least 20 days’ prior written notice of such cancellation. The commissioner may, in his discretion, permit the cancellation of such certificate for other cause made known to and approved by him.

Article 5 Assigned Risk Plans, “Spot” Insurance, and Cooperation by Insured {#t40c09a05}

George W. Jenkins, founder of Publix, standing in a richly detailed setting at Pebble Hill Plantation, gesturing with outstretched arms to represent the concept of "Article Assigned Risk Plans Spot Insurance and Cooperation by Insured," mirroring the style of an art piece from Jean-François Millet.
George W. Jenkins, founder of Publix, standing in a richly detailed setting at Pebble Hill Plantation, gesturing with outstretched arms to represent the concept of "Article Assigned Risk Plans Spot Insurance and Cooperation by Insured," mirroring the style of an art piece from Jean-François Millet.

40-9-100.Assigned risk plan.

  1. After consultation with insurance companies authorized to issue automobile policies in this state, the Commissioner of Insurance shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for motor vehicle liability policies and other automobile policies who are in good faith entitled to but are unable to procure such policies through ordinary methods. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein.

    Television personality Harris Faulkner, embodying the art piece of Joseph Havel, portrays a traffic cop directing imaginary cars to various insurance companies with dramatic hand gestures and animated body movements. -@HARRISFAULKNER
    Television personality Harris Faulkner, embodying the art piece of Joseph Havel, portrays a traffic cop directing imaginary cars to various insurance companies with dramatic hand gestures and animated body movements. -@HARRISFAULKNER

  2. Any applicant for a policy to be issued under any such plan, any person insured under any such plan, and any insurance company affected may appeal to the Commissioner of Insurance from any ruling or decision of the manager or committee designated to operate such plan. Any person aggrieved by any order or act of the Commissioner of Insurance under this Code section may, within ten days after notice of such order or act, file a petition in the superior court of the county of his residence for a review thereof. The court will summarily hear his petition and may make any appropriate order or decree.

  3. A person who has committed no traffic offenses for the prior three years and has had no claims based on fault against an insurer for the prior three years shall not be eligible for a policy to be issued under the plan created by this Code section unless such person’s application or the subsequent investigation on the application discloses reasons for which the person would not be able to procure a policy through ordinary methods.

40-9-101.Reserved.

Editor’s notes.

Ga. L. 2000, p. 1246, §§ 15, 16, effective July 1, 2000, amended and then redesignated the former provisions of this Code section, relating to self-insurers, as Code Section 33-34-5.1.

Code Commission notes.

Cook and Paula Deen delicately arranging colorful code symbols into a vibrant, jungle-themed tableau while surrounded by lush greenery and exotic animals, in the style of Henri Rousseau's art. -@Paula_Deen
Cook and Paula Deen delicately arranging colorful code symbols into a vibrant, jungle-themed tableau while surrounded by lush greenery and exotic animals, in the style of Henri Rousseau's art. -@Paula_Deen

Pursuant to Code Section 28-9-5, in 2000, this Code section designation was reserved.

40-9-102.Insurance for person renting U-drive-it vehicle.

Any person who rents motor vehicles from a U-drive-it owner is required to provide his own insurance, and insurance companies authorized to issue automobile policies in this state shall be required by the Commissioner of Insurance to provide “spot” insurance, which shall be purchased by such person before the U-drive-it owner shall be authorized to turn a motor vehicle over to such person. If a U-drive-it owner turns over any motor vehicle to any person without first ascertaining that such “spot” insurance has been obtained, the U-drive-it owner shall not, as to that particular rental transaction, be exempted from the provisions of this chapter as provided in Code Section 40-9-4.

40-9-103.Cooperation by insured with insurer in connection with defense of action or threatened action under policy.

  1. No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.

    Abraham Baldwin, dressed in colonial attire, standing in a grand room at The Wren's Nest, holding a piece of parchment and gesturing dramatically while surrounded by other historical figures.
    Abraham Baldwin, dressed in colonial attire, standing in a grand room at The Wren's Nest, holding a piece of parchment and gesturing dramatically while surrounded by other historical figures.

    1. Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds.
    2. In the event the insurer denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal costs and attorney’s fees as may be awarded by the court.

  3. Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer’s agent by certified mail or statutory overnight delivery within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer’s agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured.