Delaware Personal Injury Protection PIP
Delaware No-Fault (PIP) Car Insurance Law, 21 Del. C. § 2118
Delaware no-fault law (AKA: PIP or personal injury protection) provides for specific car insurance benefits ($15,000 per person, $30,000 per accident) that cover medical bills, loss of net earnings, funeral expenses, household help, etc. These car accident insurance benefits are available regardless of fault. It doesn’t matter who caused the accident; the benefits are available for an insured and members of their household.
Knepper & Stratton Delaware Auto Accident Injury Lawyers
If you have a question about Delaware’s Personal Injury Protection (PIP) No-Fault Car Insurance Statute and how it applies to you please feel free to call one of the attorneys at the Delaware Auto Accident Injury Law Firm of Knepper & Stratton at (302)736-5500 or (302)730-1125 for a Free Consultation*. Also feel free to click on any of the links on the right side of the page for more information about Delaware auto accident injury law and how it applies to you.
Below is the full text of Delaware Title 21 § 2118 which is the Delaware Personal Injury Protection No-Fault Car Insurance Law. Title 21 of the Delaware Code is part of Delaware’s Motor Vehicle Code. The statute provided below is current as of January 2022 and includes an amendment to Section (l) which was approved on July 23, 2019 by House Bill 143, effective January 23, 2020.
§ 2118. Requirement of insurance for all motor vehicles required to be registered in this State; penalty.
(a) No owner of a motor vehicle required to be registered in this State, other than a self-insurer pursuant to § 2904 of this title, shall operate or authorize any other person to operate such vehicle unless the owner has insurance on such motor vehicle providing the following minimum insurance coverage:
(1) Indemnity from legal liability for bodily injury, death or property damage arising out of ownership, maintenance or use of the vehicle to the limit, exclusive of interest and costs, of at least the limits prescribed by the Financial Responsibility Law of this State.
(2)a. Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for:
1. Medical, hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing and funeral services. Compensation for funeral services, including all customary charges and the cost of a burial plot for 1 person, shall not exceed the sum of $5,000. Compensation may include expenses for any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing.
2. Net amount of lost earnings. Lost earnings shall include net lost earnings of a self-employed person.
3. Where a qualified medical practitioner shall, within 2 years from the date of an accident, verify in writing that surgical or dental procedures will be necessary and are then medically ascertainable but impractical or impossible to perform during that 2-year period, the cost of such dental or surgical procedures, including expenses for related medical treatment, and the net amount of lost earnings lost in connection with such dental or surgical procedures shall be payable. Such lost earnings shall be limited to the period of time that is reasonably necessary to recover from such surgical or dental procedures but not to exceed 90 days. The payment of these costs shall be either at the time they are ascertained or at the time they are actually incurred, at the insurer’s option.
4. Extra expenses for personal services which would have been performed by the injured person had they not been injured.
5. “Injured person” for the purposes of this section shall include the personal representative of an estate; provided, however, that if a death occurs, the “net amount of lost earnings” shall include only that sum attributable to the period prior to the death of the person so injured.
b. The minimum insurance coverage which will satisfy the requirements of subparagraph a. of this paragraph is a minimum limit for the total of all payments which must be made pursuant to that subparagraph of $15,000 for any 1 person and $30,000 for all persons injured in any 1 accident.
c. The coverage required by this paragraph shall be applicable to each person occupying such motor vehicle and to any other person injured in an accident involving such motor vehicle, other than an occupant of another motor vehicle.
d. The coverage required by this paragraph shall also be applicable to the named insureds and members of their households for accidents which occur through being injured by an accident with any motor vehicle other than a Delaware insured motor vehicle while a pedestrian or while occupying any registered motor vehicle other than a Delaware registered insured motor vehicle, in any state of the United States, its territories or possessions or Canada.
e. The coverage required in this paragraph shall apply to pedestrians only if they are injured by an accident with any motor vehicle within the State except as to named insureds or members of their households to the extent they must be covered pursuant to subparagraph d. of this paragraph.
f. The owner of a vehicle may elect to have the coverage described in this paragraph written subject to certain deductibles, waiting periods, sublimits, percentage reductions, excess provisions and similar reductions offered by insurers in accordance with filings made by such insurers with the Department of Insurance; applicable to expenses incurred as a result of injury to the owner of a vehicle or members of the owner’s household; provided that the owner of a motorcycle may elect to exclude from such coverage expenses incurred as a result of injury to any person riding such vehicle while not on a highway and in any case of injury when no other vehicle was involved by actual collision or contact. This election must be made in writing and signed by the owner of the vehicle; insurers issuing such policies may not require such reductions. For all policies having a deductible pursuant to this paragraph the insured shall receive in writing as a separate document a full explanation of all deductible options available, and the insured shall sign such written explanation acknowledging receipt of a copy of same. In addition the insured shall sign a separate statement acknowledging the specific deductible the insured is selecting and the related cost for the policies with such deductible. An insured person may not plead and introduce into evidence in an action for damages against a tortfeasor the amount of the deductible; however, insurers shall recover any deductible for their insureds or their household members pursuant to subsection (g) of this section.
g. The coverage required by this paragraph shall be considered excess over any similar insurance for passengers, other than Delaware residents, when the accident occurs outside the State.
h. Insurers shall notify injured persons covered under this section that the coverage is for 2 years from the date of the accident, and that it is only extended for compensation related to surgical or dental procedures that are related to the accident and that were impossible or impractical to perform within the 2-year period. Such surgical or dental procedures must be verified in writing, within 2 years of the accident, by a qualified medical practitioner.
i.1. Expenses under subparagraph a. of this paragraph shall be submitted to the insurer as promptly as practical, in no event more than 2 years after they are received by the insured.
2. Payments of expenses under subparagraph a. of this paragraph shall be made as soon as practical after they are received during the period of 2 years from the accident. Expenses which are incurred within the 2 years but which have been impractical to present to an insurer within the 2 years shall be paid if presented within 90 days after the end of the 2-year period.
(3) Compensation for damage to property arising as a result of an accident involving the motor vehicle, other than damage to a motor vehicle, aircraft, watercraft, self-propelled mobile equipment and any property in or upon any of the aforementioned, with the minimum limits of $10,000 for any 1 accident.
(4) Compensation for damage to the insured motor vehicle, including loss of use of the motor vehicle, not to exceed the actual cash value of the vehicle at the time of the loss and $10 per day, with a maximum payment of $300, for loss of use of such vehicle.
The owner of the motor vehicle may elect to exclude, in whole or in part, the coverage described in this paragraph by the use of certain deductibles and exclusions in accordance with filings made by the insurer with the Department of Insurance.
(b) No owner of a motor vehicle being operated in this State shall operate in this State, or authorize any other person to operate such vehicle in this State, unless the owner has insurance on such motor vehicle equal to the minimum insurance required by the state or jurisdiction where said vehicle is registered. If the state or jurisdiction of registration requires no minimum insurance coverage, then such owner must have insurance on such motor vehicle equal to the minimum insurance coverage required for motor vehicles registered in this State. However, an owner shall not be convicted under this subsection if, prior to conviction, the owner shall produce to the court in which the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof of insurance showing such insurance to be in full force and effect at all pertinent times when the motor vehicle was being operated in this State. The Justice of the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail or fax for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this title. A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact court rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the operator’s insurer or the insurer’s agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm by telephone that the facsimile was sent by the operator’s insurer or the insurer’s agent or broker.
(c) Only insurance policies validly issued by companies authorized to write in this State all the kinds of insurance embodied in the required coverages shall satisfy the requirements of this section.
(d) Nothing in this section shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum coverages required by this section or to require the segregation of such minimum coverages from other coverages in the same policy.
(e) Policies purporting to satisfy the requirements of this section shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required by this section.
(f) The coverage described in paragraphs (1) through (4) of subsection (a) of this section may be subject to conditions and exclusions customary to the field of liability, casualty and property insurance and not inconsistent with the requirements of this section, except there shall be no exclusion to any person who sustains bodily injury or death to the extent that benefits therefore are in whole or in part either payable or required to be provided under any workers’ compensation law.
(g) Insurers providing benefits described in paragraphs (1) through (4) of subsection (a) of this section shall be subrogated to the rights, including claims under any workers’ compensation law, of the person for whom benefits are provided, to the extent of the benefits so provided.
(1) Such subrogated rights shall be limited to the maximum amounts of the tortfeasor’s liability insurance coverage available for the injured party, after the injured party’s claim has been settled or otherwise resolved, except that the insurer providing benefits shall be indemnified by any workers’ compensation insurer obligated to make such payments to the injured party.
(2) Any settlement made with an injured party by a liability insurer shall not be challenged or disputed by any insurer having subrogated rights.
(3) Disputes among insurers as to liability or amounts paid pursuant to paragraphs (1) through (4) of subsection (a) of this section shall be arbitrated by the Wilmington Auto Accident Reparation Arbitration Committee or its successors. Any disputes arising between an insurer or insurers and a self-insurer or self-insurers shall be submitted to arbitration which shall be conducted by the Commissioner in the same manner as the arbitration of claims provided for in subsection (j) of this section.
(4) No insurer or self-insurer shall join or be joined in an action by an injured party against a tortfeasor for the recovery of damages by the injured party and/or the recovery of benefits paid by the insurer or self-insurer.
(5) Nothing contained herein shall prohibit a liability insurer from paying the subrogated claim of another insurer prior to the settlement or resolution of the injured party’s claim. However, should the amount of such settlement or resolution, in addition to the amount of any subrogated claim, exceed the maximum amount for the tortfeasor’s liability insurance coverage available for the injured party, then any insurer who has been paid its subrogated claim shall reimburse the tortfeasor’s liability insurer that portion of the claim exceeding the maximum amount of the tortfeasor’s liability insurance coverage available for the injured party.
(6) Unless specifically excepted by this subsection, this subsection shall also apply to self-insurers.
(h) Any person eligible for benefits described in paragraph (2) or (3) of subsection (a) of this section, other than an insurer in an action brought pursuant to subsection (g) of this section, is precluded from pleading or introducing into evidence in an action for damages against a tortfeasor those damages for which compensation is available under paragraph (2) or (3) of subsection (a) of this section without regard to any elective reductions in such coverage and whether or not such benefits are actually recoverable.
(i) Nothing in this section shall be construed to require an insurer to insure any particular risk. Nothing herein shall limit the insurer’s obligation pursuant to the Delaware Automobile Plan.
(j) Every insurance policy issued under this section shall require the insurer to submit to arbitration, in the manner set forth hereinafter, any claims for losses or damages within the coverages required under paragraph (2) of subsection (a) of this section and for damages to a motor vehicle, including the insured motor vehicle, including loss of use of such vehicle, upon request of the party claiming to have suffered a loss or damages within the above-described coverages of paragraph (2) of subsection (a) of this section or to such a motor vehicle. Such request shall be in writing and mailed to the Insurance Commissioner.
(1) All arbitration shall be administered by the Insurance Commissioner or the Insurance Commissioner’s nominee.
(2) The Insurance Commissioner or the Insurance Commissioner’s nominee shall establish a panel of arbitrators consisting of attorneys authorized to practice law in the State and insurance adjusters licensed to act as such in the State.
(3) The Insurance Commissioner, or the Insurance Commissioner’s nominee, shall select 3 individuals from the panel of arbitrators, at least 1 of whom shall be an attorney authorized to practice law in the State, to hear each request for arbitration.
(4) The Insurance Commissioner, or the Insurance Commissioner’s nominee, shall promulgate all rules and regulations necessary to implement this arbitration program.
(5) The right to require such arbitration shall be purely optional and neither party shall be held to have waived any of its rights by any act relating to arbitration and the losing party shall have a right to appeal de novo to the Superior Court if notice of such appeal is filed with that Court in the manner set forth by its rules within 30 days of the date of the decision being rendered.
(6) The Insurance Commissioner shall establish a schedule of costs of arbitration; provided, however, the arbitrator’s fee shall not exceed $25 per arbitrator for any 1 arbitration.
(7) The cost of arbitration shall be payable to the State Department of Insurance, and shall be maintained in a special fund identified as the “Arbitration Fund” which shall be administered by the Insurance Commissioner. These funds under no circumstances shall revert to the General Fund. All costs of arbitration including administrative expenses of the Insurance Department and the arbitrator’s fee shall be payable from this Fund.
(8) The applicant may be reimbursed the cost of filing arbitration as a part of the award rendered by the arbitration panel. If an insurer should pay an applicant damages in advance of a hearing, they shall include with those damages the cost to the applicant of filing the arbitration.
(9) This subsection shall also apply to self-insurers.
(k) Every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the Insurance Commissioner as a condition of its continued transaction of such business within this State a form approved by the Insurance Commissioner stating that its motor vehicle liability policies, on Delaware registered vehicles wherever issued, shall be deemed to provide the insurance required by this section. A nonadmitted insurer may file such a form.
(l) A motor vehicle registration shall not be issued or renewed for any vehicle not covered by a vehicle insurance policy meeting the requirements of this title. All insurers shall send to the Division of Motor Vehicles notice, in written or electronic form per the direction of the Division, of any cancellations or terminations of private passenger automobile insurance under § 3904(a)(1) of Title 18 for any private passenger automobile policies which are final and occur within the first 6 months after such policies are issued. The Insurance Commissioner may further change the timeframe for notification by regulation. All insurers shall send notice to the named insured when a motor vehicle insurance policy is canceled pursuant to the provisions of § 3905 or § 3920 of Title 18.
(m) A motor vehicle owner shall, upon request of the Division of Motor Vehicles, offer proof of insurance in full force and effect as a condition of registration or continued registration of a motor vehicle. The Division of Motor Vehicles, upon proof from its records or other sufficient evidence that the required insurance has not been provided or maintained or has terminated or otherwise lapsed at any time, shall immediately suspend the registration of the uninsured vehicle. The registration shall remain suspended until:
(1) The required insurance is obtained or replaced and the vehicle owner submits evidence of insurance on a form prescribed by the Division of Motor Vehicles and certified by the insurer or its agent; and
(2) An uninsured motorist penalty fee is paid to the Division of Motor Vehicles.
(n)(1) Except as provided in subsection (p), within 5 days of the notice of suspension from the Division of Motor Vehicles, the owner will surrender to the Division of Motor Vehicles the vehicle’s certificate of registration and the registration plate. If the owner fails to comply within the aforementioned 5 days, the Division of Motor Vehicles shall suspend the owner’s driver’s license.
(2) The Division of Motor Vehicles will promulgate rules and/or regulations to cover those circumstances in which there is an allegation of lost or stolen tags.
(3) Each insurer shall report to the Division of Motor Vehicles, within 30 days on a form prescribed by the Division of Motor Vehicles, the name of any person or persons involved in an accident or filing a claim who is alleged to have been operating a Delaware registered motor vehicle without the insurance required under this chapter. At a minimum, the insurer shall provide the name, address and description of the vehicle alleged to be uninsured. Each insurer shall take reasonable care when reporting potential violations of this section, but in no case shall an insurer, provider or any of its employees or agents incur any liabilities for erroneous reports of a violation.
(4) In addition to any other penalty provided for in the Delaware Motor Vehicle Law, if the required insurance for a vehicle terminates or otherwise lapses during its registration year, the Division of Motor Vehicles shall assess the owner of the vehicle with a penalty of $100 for each vehicle without the required insurance for a period of up to 30 days. When a penalty fee is assessed, beginning on the 31st day of the penalty period, the penalty fee shall increase by a rate of $5 for each subsequent day until the insurance is replaced, tags are surrendered to the Division of Motor Vehicles, or the registration expires, whichever occurs first. The Division of Motor Vehicles shall also charge a registration reinstatement fee of $50. When the Division of Motor Vehicles assesses a vehicle owner with a penalty under this subsection, the Division shall not reinstate a registration suspended under this section until the penalty is paid, and the owner has also paid a registration reinstatement fee of $50.
(o) “Insurance identification card” shall mean a card issued by or on behalf of an insurance company or bonding company duly authorized to transact business in this State which states in such form as the Insurance Commissioner may prescribe or approve that such company has issued a vehicle insurance policy meeting the requirements of this title. The Insurance Commissioner shall require all insurance companies transacting business within this State to provide with each vehicle insurance policy an insurance identification card describing the vehicle covered. The insurance identification card shall be valid for a period not to exceed 6 months. Notwithstanding this limitation, an insurance identification card may be issued for a period of 12 months if premium has been paid for the 12-month period. If an owner shall have filed a financial security deposit, or shall have qualified as a self-insurer, the term “insurance identification card” shall mean a card issued by the Office of the Insurance Commissioner which evidences that such deposit has been filed or that such owner has so qualified.
(p) The insurance identification card issued for a vehicle required to be registered under this title shall at all times, while the vehicle is being operated upon a highway within this State, be in the possession of the operator thereof or carried in the vehicle and shall be produced upon the request of a police officer or justice of the peace or any other party involved in an accident with the insured. If the operator of a motor vehicle is unable to produce an insurance identification card or other sufficient proof of insurance upon request of a police officer, justice of the peace or anyone involved in an accident with the operator, the operator shall be issued a summons to appear in court with the vehicle’s license plate. If the operator is convicted under this subsection, and has not provided sufficient proof of insurance in effect as of the date of conviction, the court shall, in addition to any other penalties imposed, take custody of the vehicle’s license plate, which shall be delivered to the Division of Motor Vehicles. The Division of Motor Vehicles shall promptly suspend the vehicle’s registration, pursuant to the provisions of subsection (m) of this section. The Justice of the Peace Court may permit an operator charged under this subsection to provide proof of insurance to the Court by mail or facsimile transmission in lieu of a personal appearance. Proof of insurance shall be as prescribed by the Court and shall be sent to the Court directly from the operator’s insurer or the insurer’s agent or broker. It shall be the responsibility of the operator to ensure that proof of insurance is received and accepted by the Court. When proof of insurance is sent by mail or fax, the Court may also accept a guilty plea by mail or fax for any accompanying charge for which a voluntary assessment is permitted under § 709(e) of this title. A guilty plea so accepted shall have the same force and effect as if the operator had made the plea in open court. The Justice of the Peace Court shall enact court rules to implement the handling of such cases by mail or facsimile transmission. Where proof of insurance is provided by facsimile, the operator’s insurer or the insurer’s agent or broker must confirm the information by mail and the Justice of the Peace Court must confirm by telephone that the facsimile was sent by the operator’s insurer or the insurer’s agent or broker. However, an operator shall not be convicted under this subsection if, prior to conviction, the operator shall produce to the court in which the offense is to be tried the insurance identification card or in lieu thereof other sufficient proof, including but not limited to an automobile, garage keeper’s or other commercial or personal insurance policy, showing that there was insurance in full force and effect at all pertinent times covering or which would cover the said motor vehicle or the operation of the said motor vehicle by the operator charged under this subsection.
Where an individual is charged with violating this section, and at the time of the alleged offense, the individual was operating a vehicle owned or leased by the individual’s employer in the course and scope of the individual’s employment, the individual shall not be convicted of violating this section unless the individual knew or should have known that the employer’s vehicle failed to meet the requirement of this section.
(q)(1) The Division of Motor Vehicles shall annually select for verification on a random sample basis not less than 10% of vehicle registrations subject to the insurance required by this section. This verification will be made through the insurers as reflected in the Division’s records.
(2) Any vehicle owner identified by the Division as a possible uninsured shall submit proof of insurance within 30 days of the Division’s request for such proof, to the Division of Motor Vehicles on a form prescribed by the Division and certified by an insurer or agent.
(3) The failure of a vehicle owner to submit the required proof under this section within a 30-day period shall be prima facie evidence that the vehicle is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and (m) of this section.
(4) With respect to any vehicle which has:
a. Had its registration suspended by the Division of Motor Vehicles pursuant to subsection (m) of this section,
b. Had transfer of custody of its license plate ordered by the Justice of the Peace Court pursuant to subsection (p) of this section, or
c. Failed to produce proof of insurance in a timely fashion pursuant to this subsection (q) of this section,
an officer of the Delaware State Police or member of the Department of Insurance’s Fraud Prevention Bureau (“the Fraud Bureau”) may confiscate the registration plate of that vehicle at any time absent affirmative proof that the vehicle is currently insured. Prior to any confiscation pursuant to this subsection, the registered owner of a vehicle shall receive notice at least 7 days prior to confiscation by regular and certified mail that such confiscation is to occur, and shall be provided a means to prove that the vehicle has current insurance prior to the indicated confiscation date. The Division of Motor Vehicles and the Justice of the Peace Court shall provide information to the Fraud Bureau and Delaware State Police sufficient to allow those organizations to enforce this subsection. Registration plates confiscated pursuant to this subsection shall be turned over to the Division of Motor Vehicles, which shall follow procedures established pursuant to and consistent with subsection (m) of this section for return of said plates. The Fraud Bureau shall provide its members with sufficient training to ensure safe enforcement of this subsection.
(r) In the event of a suspension of a driver’s license pursuant to this section, the Department may issue an occupational license during a period of suspension upon application by the applicant upon a form prescribed by the Department and sworn to by the applicant; provided, that the applicant sets forth in said application that the suspension of such license has created an extreme hardship and that no prior occupational license has been issued within the preceding 12 months; provided, however, that no such occupational license shall be issued until the applicant demonstrates proof of liability insurance on all motor vehicles owned by such applicant or spouse. If the suspension of the driver’s license resulted from the arrest and conviction of a person stemming from an incident in which property damage or personal injury occurred, an occupational license shall not be issued, the other provisions of this subsection to the contrary notwithstanding.
(s)(1) Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and shall have that person’s driving license and/or privileges suspended for 6 months. For each subsequent offense occurring within 3 years of a former offense, that person shall be fined not less than $3,000 nor more than $4,000 and shall have that person’s driver’s license and/or driving privilege suspended for 6 months. The minimum fine levied for a violation of subsection (a), (b) or (p) of this section shall not be subject to suspension or avoidance for any reason, including the securing of insurance between the time of arrest and sentencing, if the person subject to such fines has been in violation for a period of 30 or more consecutive days unless such person affirmatively proves that the insurer did not send notice to the named insured as required under subsection (l) of this section.
(2) Failure of the owner or operator to produce an insurance identification card for insurance which is in full force and effect at the time of the offense shall be presumptive evidence that such person is operating such person’s vehicle without having insurance required by this title.
(3) Notwithstanding the penalties specified above, anyone convicted of driving without minimum insurance as required in this section shall have such person’s privileges of driving suspended in this State until such time as such person has furnished proof of insurance to the Division of Motor Vehicles.
(t)(1) The Division of Motor Vehicles shall periodically select for verification of the required insurance all vehicles owned, individually or jointly, by a person who has been previously convicted of violating the provisions of this subchapter.
(2) The Division of Motor Vehicles may determine the accuracy of information relating to the proof of required insurance satisfying the provisions of this section.
(u)(1) The Division of Motor Vehicles may require evidence that any motor vehicle registered in a person’s name, individually or jointly, is covered by the insurance required by this chapter, at a conference, hearing or interview:
a. As a result of point accumulation on the owner’s motor vehicle driving record pursuant to the rules and regulations of the Division of Motor Vehicles; or
b. To show cause why the person’s license should not be suspended or revoked pursuant to the laws of this State or the rules and regulations of the Division of Motor Vehicles.
(2) The Division of Motor Vehicles may require evidence that any vehicle registered in a person’s name, individually or jointly, is covered by the insurance required by this chapter, at the time of reinstatement of driving privileges.
(3) The evidence of insurance shall be on a form prescribed by the Division of Motor Vehicles and certified by an insurer or its agent.
(4) Failure to submit the required proof under this section shall be prima facie evidence that any vehicle registered in that person’s name, either individually or jointly, is uninsured and the owner shall be subject to the penalties as prescribed in subsections (l) and (m) of this section.
(v)(1) If a person has been issued an equipment inspection notice pursuant to § 2144 of this title, the person shall send within 30 days to the Division of Motor Vehicles the evidence of insurance or security required by this chapter on a form prescribed by the Division and certified by an insurer or agent.
(2) A failure to submit the evidence required by paragraph (1) of this subsection shall result in the suspension of the registration of the vehicle cited and the assessment of the uninsured motorist penalty fee under this section.
(w) The Division of Motor Vehicle shall conduct a study or cause such study to be conducted to assess the feasibility and costs of establishing a direct computer link between the Division of Motor Vehicle’s registration files and the insurance companies’ data bases for the purposes of allowing the Division to conduct “real time” status reports of uninsured motorists. The Division of Motor Vehicles shall also conduct a study or cause such study to be conducted to analyze the ramifications of implementing an uninsured motorist program in the State similar to that of Virginia’s Uninsured Motorist Program.
(x) Notwithstanding any contrary provisions of the Code, there shall be established a special fund of the State to be known as the D.M.V.T. Fund. The Secretary of Finance shall, commencing upon the effective date of this legislation, and commencing at the beginning of each fiscal year thereafter, cause to be deposited into the D.M.V.T. Fund amounts received as payments of fines and costs assessed by the Justice of the Peace Courts and/or the Court of Common Pleas under this section, until the amount deposited in said fiscal year shall equal $150,000.
(y) The purpose of the D.M.V.T. Fund is to provide for the administrative costs associated with this Act. Any balance in the D.M.V.T. Fund as of the last day of the fiscal year in excess of $15,000 shall be deposited to the General Fund. The Secretary of Finance shall make deposits to the D.M.V.T. Fund as required under this section commencing after August 1, 1995.
(z) The Director of the Division of Motor Vehicles may adopt such rules and regulations, not inconsistent with this title, as are necessary to enforce this section.
Last updated: January 24, 2022