SR-22 (insurance): Difference between revisions
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{{short description|Vehicle liability insurance document required by most state Departments of Motor Vehicles}} |
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In the [[United States]], an '''SR-22''' (sometimes referred to as a '''certificate of insurance'''{{efn|The term "certificate of insurance" has other meanings outside of vehicle insurance. Some states may use different forms in place of, or in addition to, the SR-22 to provide certificates of vehicle liability insurance or proof of financial responsibility.}} or a '''financial responsibility filing''')<ref>{{cite book|last1=Hille|first1=Robert B.|last2=Rossmiller|first2=David P.|last3=Kaveney|first3=John W.|last4=Croce|first4=Paul L.|title=New Appleman on Insurance|publisher=Matthew Bender|isbn=978-0-327-16406-7|at=§ 3.03A n. 179.16|chapter=Certificates of Insurance}}</ref><ref>{{cite book|last1=Silver|first1=Lawrence|last2=Stevens|first2=Robert E.|last3=Clow|first3=Kenneth|title=Concise Encyclopedia of Insurance Terms|date=2010|publisher=Routledge|location=New York|isbn=978-0-7890-3634-6|page=144}}</ref> is a [[vehicle insurance|vehicle]] [[liability insurance]] document required by most state [[Department of Motor Vehicles|departments of motor vehicles]] (DMV) offices{{efn|As of 2011, the only states that did not use SR-22 forms were Delaware, Kentucky, Minnesota, New Mexico, New York, North Carolina, Oklahoma and Pennsylvania.<ref name="pasman">{{cite journal|last1=Pasman-Green|first1=Nora J.|title=Off the Roads & Out of the Courts: Enter a Technology Fix for Drunk Driving|journal=Journal of Law and Health|date=2011|volume=24|at=p. 225 n. 34|url=https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=1024&context=jlh}}</ref>}} for "high-risk" insurance policies.<ref name="pasman" /> An SR-22 is not an insurance policy, but a filing, or an add-on, that is added to a personal automobile liability insurance policy. Not all insurance carriers offer SR-22 filings in all territories. For instance, an insurer may offer traditional base coverage in a particular state but not issue an SR-22 in that state.<ref name="GrantGriffin">{{cite book |last1=Grant |first1=Deandra M. |last2=Tucker |first2=Kimberly Griffin |title=Texas DWI Manual |date=February 22, 2019 |publisher=LexisNexis |isbn=978-1-949517-17-0 |at=§4:123 |section=Understanding the SR-22 Insurance Form}}</ref> |
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A DMV may require an SR-22 from a driver |
A DMV may require an SR-22 from a driver to reinstate his or her driving privileges following an uninsured [[car accident]] or conviction of another traffic-related offense, such as a [[Driving under the influence|DUI]].<ref>{{cite web|url=http://www.state.ak.us/dmv/akol/sr22.htm|title=SR-22 Insurance Information|publisher=State of Alaska Division of Motor Vehicles|accessdate=2008-07-09}}</ref><ref>{{cite web|url=http://www.cyberdriveillinois.com/departments/drivers/drivers_license/SR-22_uninsured_crashes/overview_sr22.html|title=Overview of the S & FR Laws|publisher=Illinois Secretary of State|accessdate=2008-07-08|archiveurl=https://web.archive.org/web/20081121124632/http://www.cyberdriveillinois.com/departments/drivers/drivers_license/SR-22_uninsured_crashes/overview_sr22.html|archivedate=2008-11-21}}</ref> An SR-22 may be required for three years for conviction of driving without insurance or driving with a suspended license and up to five years for a DUI.<ref name="whatis_IL">{{cite web|url=http://www.cyberdriveillinois.com/departments/drivers/drivers_license/SR-22_uninsured_crashes/whatis_sr22.html|title=What is the SR-22?|publisher=Illinois Secretary of State|accessdate=2008-07-08|archiveurl=https://web.archive.org/web/20081007101510/http://www.cyberdriveillinois.com/departments/drivers/drivers_license/SR-22_uninsured_crashes/whatis_sr22.html|archivedate=2008-10-07}}</ref> If an SR-22 should expire or be canceled, the insurance company is required to issue an SR-26 form, which certifies the cancellation of the policy.<ref name="GrantGriffin" /><ref name="whatis_IL" /> |
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Some states accept an SR-22 as an alternative to a deposit in cash or security as proof of financial responsibility. In Arizona, for instance, a driver seeking reinstatement under specific circumstances may submit an SR-22 in lieu of depositing $40,000 in cash or [[certificate of deposit|certificates of deposit]].<ref>{{cite book|last1=Nesci|first1=James|title=Arizona DUI Defense: The Law and Practice|date=2009|publisher=Lawyers & Judges Publishing Company|location=Tucson, Arizona|isbn=978-1-933264-66-0|page=61|edition=2nd}}</ref> The same applies in Washington State where you may submit an SR-22 instead of a liability bond of at least $60,000 from any surety or bonding company that is licensed to operate in Washington.<ref>{{Cite web |last=Lucas |first=Robert |title=Washington State SR22 Requirements |url=https://useoflanes.com/washington-state-sr22-requirements/ |access-date=2023-06-30 |website=Use of Lanes |date=30 June 2023 |language=en-US}}</ref> |
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In at least one state, Washington State, the Department of Licensing (DOL) has determined it is a "privilege" to drive, rather than a "right," so they do not require a DUI conviction before requiring an SR-22. Merely being arrested for "suspicion" of DUI or being in physical possession of a vehicle parked anywhere in the state including private property within two hours of being "suspected" as under the influence, is grounds for both SR-22 as well as a minimum 90 day license suspension, even on a first offense. The state DOL does provide opportunity for a hearing prior to license suspension, but not the SR-22 requirement which is still required regardless of whether the arrest is later "overturned" (ie; charges dropped) or the driver is found not guilty. The hearing is to ensure key steps were taken by the arresting officer, including things like informing of rights and the hearing only applies to the license suspension. If the driver elects to use and pay for an interlock device, for one full year on a first offense, they can keep their license but the SR-22 requirement remains in place for a period of three years, even on a first offense and regardless of the arrest being overturned or the driver being found not guilty. |
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The average Washington State driver with the average car ends up paying an additional $7500 above previous car insurance costs, over this three year minimum period of SR-22, just on a first offense arrest, regardless of later being found innocent. Last year in Washington State more than 41,000 drivers were arrested under these laws and nationwide the Trial Lawyers dedicated to DUI defense and prosecution, earned $25 Billion in legal fees for DUI arrests, while the average state fees and fines in Washington State for DUI not counting interlock device costs paid for by the driver, were just under $1,000 per arrest. |
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== See also == |
== See also == |
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* [[Automobile safety]] |
* [[Automobile safety]] |
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* [[National Traffic and Motor Vehicle Safety Act]] |
* [[National Traffic and Motor Vehicle Safety Act]] |
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* Washington State Department of Licensing SR-22: http://www.dol.wa.gov/driverslicense/iil.html |
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== Notes == |
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{{notelist}} |
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== References == |
== References == |
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{{reflist}} |
{{reflist}} |
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== External links == |
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* {{cite web|url=http://www.cyberdriveillinois.com/departments/drivers/drivers_license/SR-22_uninsured_crashes/whatis_sr22.html|title=What is the SR-22?|publisher=Illinois [[Secretary of State]]|accessdate=2008-07-08}} |
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[[Category:Auto insurance in the United States]] |
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[[Category:Legal documents]] |
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[[Category:Driving under the influence]] |
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Latest revision as of 14:45, 23 October 2024
In the United States, an SR-22 (sometimes referred to as a certificate of insurance[a] or a financial responsibility filing)[1][2] is a vehicle liability insurance document required by most state departments of motor vehicles (DMV) offices[b] for "high-risk" insurance policies.[3] An SR-22 is not an insurance policy, but a filing, or an add-on, that is added to a personal automobile liability insurance policy. Not all insurance carriers offer SR-22 filings in all territories. For instance, an insurer may offer traditional base coverage in a particular state but not issue an SR-22 in that state.[4]
A DMV may require an SR-22 from a driver to reinstate his or her driving privileges following an uninsured car accident or conviction of another traffic-related offense, such as a DUI.[5][6] An SR-22 may be required for three years for conviction of driving without insurance or driving with a suspended license and up to five years for a DUI.[7] If an SR-22 should expire or be canceled, the insurance company is required to issue an SR-26 form, which certifies the cancellation of the policy.[4][7]
Some states accept an SR-22 as an alternative to a deposit in cash or security as proof of financial responsibility. In Arizona, for instance, a driver seeking reinstatement under specific circumstances may submit an SR-22 in lieu of depositing $40,000 in cash or certificates of deposit.[8] The same applies in Washington State where you may submit an SR-22 instead of a liability bond of at least $60,000 from any surety or bonding company that is licensed to operate in Washington.[9]
See also
[edit]- Automobile safety
- Drunk driving in the United States
- National Traffic and Motor Vehicle Safety Act
- Uniform Vehicle Code
Notes
[edit]- ^ The term "certificate of insurance" has other meanings outside of vehicle insurance. Some states may use different forms in place of, or in addition to, the SR-22 to provide certificates of vehicle liability insurance or proof of financial responsibility.
- ^ As of 2011, the only states that did not use SR-22 forms were Delaware, Kentucky, Minnesota, New Mexico, New York, North Carolina, Oklahoma and Pennsylvania.[3]
References
[edit]- ^ Hille, Robert B.; Rossmiller, David P.; Kaveney, John W.; Croce, Paul L. "Certificates of Insurance". New Appleman on Insurance. Matthew Bender. § 3.03A n. 179.16. ISBN 978-0-327-16406-7.
- ^ Silver, Lawrence; Stevens, Robert E.; Clow, Kenneth (2010). Concise Encyclopedia of Insurance Terms. New York: Routledge. p. 144. ISBN 978-0-7890-3634-6.
- ^ a b Pasman-Green, Nora J. (2011). "Off the Roads & Out of the Courts: Enter a Technology Fix for Drunk Driving". Journal of Law and Health. 24. p. 225 n. 34.
- ^ a b Grant, Deandra M.; Tucker, Kimberly Griffin (February 22, 2019). "Understanding the SR-22 Insurance Form". Texas DWI Manual. LexisNexis. §4:123. ISBN 978-1-949517-17-0.
- ^ "SR-22 Insurance Information". State of Alaska Division of Motor Vehicles. Retrieved 2008-07-09.
- ^ "Overview of the S & FR Laws". Illinois Secretary of State. Archived from the original on 2008-11-21. Retrieved 2008-07-08.
- ^ a b "What is the SR-22?". Illinois Secretary of State. Archived from the original on 2008-10-07. Retrieved 2008-07-08.
- ^ Nesci, James (2009). Arizona DUI Defense: The Law and Practice (2nd ed.). Tucson, Arizona: Lawyers & Judges Publishing Company. p. 61. ISBN 978-1-933264-66-0.
- ^ Lucas, Robert (30 June 2023). "Washington State SR22 Requirements". Use of Lanes. Retrieved 2023-06-30.