An SR-22 is a document issued by an auto insurer to the State indicating that you carry sufficient insurance to satisfy that state’s Financial Responsibility Law. States demand one from a driver when they have either been convicted of specific crimes or have failed to show evidence of financial responsibility in the even they are found to be at fault in an accident. Should an SR-22 be required, you are barred from driving until you provide one and maintain the underlying insurance to support the proof of financial responsibility.
Non Owners Insurance in Indiana
If you do not own a vehicle, but need to have an SR-22 in order to drive, you will need to obtain an Operator’s Policy also known as a Named Non Owner Policy, which provides you with liability insurance coverage should you operate a vehicle that is uninsured. Otherwise, you will need an auto insurance policy that provides liability coverage for both you and your auto.
How an SR-22 in Affects Your Indiana Car Insurance Rates.
Because the insured has a blemished driving record, they will not get the lowest rates for coverage. That being said, one should comparison shop and compare rates for the policy itself as well as any fees related to filing an SR-22. It should also be noted that if you need to have an SR-22 processed quickly, the fees to do so will not be inexpensive.
Limitations of SR-22 Coverage
Another thing to note is that the policy itself may have terms and conditions that may limit coverage under certain circumstances. For example, should you be involved in an accident and you are using the vehicle in commission of a crime (and the definition of crime includes driving while under the influence of alcohol or drugs) coverage for damage to your auto may evaporate. In addition, the limits for third party liability coverages in the event the auto is used during a crime will be reduced to the statutory minimum required by the state.
Once the period for which your need to supply an SR-22 ends, you will then have much more flexibility to select an insurance policy as more insurers will be willing to insure you with a better rate. In addition, you will no longer need to pay any fees associated with processing the document.
Why would I Need an SR – 22 in Indiana
In Indiana, if your license has been suspended, an SR – 22 will be required in order for it to be reinstated.
If you have been
- Involved in an auto accident,
- Convicted of a pointable moving traffic violation within one year of receiving two other pointable moving traffic violations.
- Convictedof a misdemeanor or felony traffic violation or
- Convicted of any pointable moving traffic violation by a driver who was previously suspended for failing to provide proof of financial responsibility.
The Indiana Bureau of Motor Vehicles (BMV) will require that you provide a Certificate of Compliance (COC) within 90 days of being notified. This can be provided by your insurance provider, who may be able to submit the COC electronically. If you fail to arrange for this to happen, your license may be suspended.
Your driver’s license can also be suspended if you are found to be a Habitual Traffic Violator. A Habitual Traffic Violator is one who has committed two of the following offenses in a ten year period:
- Reckless homicide resulting from operating a motor vehicle.
- Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
- A driver involved in an accident resulting in death or injury who fails to stop at the scene of the accident to provide information and assistance.
- Operating a motor vehicle while intoxicated resulting in death.
- Operating a motor vehicle with a blood alcohol content of .08 percent or more resulting in death.
The suspension period if you have been convicted twice in ten years for Operating a motor vehicle with a blood alcohol content of .08 percent or more resulting in death is a lifetime one. Otherwise, the suspension period is for ten years.
You may also be deemed a Habitual Traffic Violator if you have committed any three of the following offenses:
Driving while intoxicated or with a blood alcohol content of .08 percent or more.
- Reckless driving.
- Criminal recklessness as a felony involving the operation of a motor vehicle.
- Drag racing or engaging in a speed contest in violation of the law.
- Leaving the scene of an accident or failing to notify authorities of an accident when required.
- Resisting law enforcement under IC 35-44.1-3-1.
- Any felony under an Indiana motor vehicle statute or any felony in which the operation of a vehicle is an element of the offense.
- Operating a Class B motor driven cycle in violation of IC 9-24-1-1(b).
- Any of the offenses listed in the prior listing.
The suspension period for ten years.
You can also be deemed a Habitual Traffic Violator if you have been convicted of one of the above offenses or
- Operating a motor vehicle while the person’s license to do so has been suspended or revoked as a result of the person’s conviction of an offense or
- Operating a motor vehicle without ever having obtained a license to do so.
Along with nine moving violations over a ten year period. In this case, the suspension period is for five years.
f you are convicted of driving while your license is suspended due to being a Habitual Traffic Violator, you will have your license suspended by the court for a period of time set by the court.
Indiana assigns point values to convictions for moving violations and should you accumulate to 18 points in a 24 month period, you will receive a Warning Notice from the BMV advising you that you are in danger of having your license suspended.
At this point, you can arrange to take a BMV Approved Driver Safety Program. Upon completion, four points will be subtracted from your Driver’s License. You may have the points subtracted from your license once every three years. In addition, you will be required to complete a BMV Approved Driver Safety Program within 90 days of being convicted of two moving violations in a 12 month period or face suspension of your driving privilege. In addition, a court may order you to complete a BMV Approved Driver Safety Program in lieu of having your license suspended.
Should you accumulate 20 or more points in a 24 month period, your driving privilege will be suspended as follows:
|Points||Period of Suspension|
In addition, anyone convicted of three moving violations within one year will be subjected to an Administrative Hearing to determine if any sanctions are necessary. At that hearing, your driver’s license may be suspended for up to one year.
Your driver’s license can also be suspended if a law enforcement officer has probable cause to believe that you were operating a motor vehicle while intoxicated. If the law enforcement officer has found probable cause as a result of your failing a chemical test, your suspension will be for 180 days. If you refuse to take a chemical test, the suspension period is for two years. In addition, the court can suspend your license for an additional period of time upon conviction for Operating while Intoxicated.
How do I Get My Driver’s License Reinstated (How do I Get My License Back)?
In order to get your driver’s license reinstated you must do the following:
- Check to see if all reinstatement requirements are satisfied. If your driver record indicates that your reinstatement date is, “indefinite,” it means that you have outstanding requirements that need to be satisfied in order to get your license reinstated. You must satisfy those requirements before being eligible to have your license reinstated. If the requirements are court ordered, you the court will have to issue the appropriate orders and advise the BMV that their requirements have been satisfied.
- Pay all outstanding judgments that resulted in a license suspension.
- Arrange for your insurance provider to submit proof of financial responsibility directly to the BMV. Your provider will submit either an SR – 22 or a COC directly to them depending on what is required.
- Pay the reinstatement fee either on line, at a BMV office or by mail.
Once all these requirements have been satisfied, your license will be reinstated.
If the motorist is eligible, the court may issue an order for specialized driving privileges during the period of suspension. In this case the driver is limited to drive during certain hours on certain days for certain purposes (Example: to and from work via a specific route.) If the suspension was for Operating Under the Influence, the court may require an ignition interlock device be installed in the driver’s vehicle.
An ignition interlock device requires that the driver breathe into a breathalyzer before they start their car. The breathalyzer will then test for alcohol consumption and prevent the car from being started should the driver be intoxicated. In addition, the ignition interlock device will request a breath sample at random intervals while the driver is operating the car. One thing it won’t do is shut the car off while you are driving should you be intoxicated. There is a fee for installation and purchase of the device as well as for maintenance. These vary, so you may want to shop for the best deal.
In summary, If you have had your driver license suspended or revoked, you will need and SR – 22. In addition, there will be several steps you need to take in order to partially have your driving privilege restored so that you may be able to drive again even after you have been sanctioned.