SUBJECT: PROOF OF FINANCIAL RESPONSIBILITY AS A REQUIREMENT FOR MOTOR VEHICLE REGISTRATION
DATE: June 15, 1999
Pursuant to Neb.Rev.Stat. §60-302, applications for registration of motor vehicles in Nebraska must be accompanied by proof of financial responsibility. One method of proof of financial responsibility shall be evidenced by a certificate or policy of insurance written by an insurance carrier duly authorized to do business in Nebraska, certifying there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility.
According to the law, any person owning a motor vehicle licensed in Nebraska shall be guilty of a class II misdemeanor unless such person has in his or her motor vehicle, at all times when the vehicle is operated in Nebraska, current and effective proof of financial responsibility. Any motor vehicle operator unable to produce such proof upon request of a Nebraska law enforcement officer shall be allowed ten days from the date of the request to produce proof that financial responsibility was in existence at the time of such request.
Certificates of insurance issued pursuant to Neb.Rev.Stat. §60-528 shall contain the following information:
The certificate of insurance must contain the required information, however, the order of the information may be adjusted to fit the needs of the insurance carriers. The certificate may be typed or laser printed.
Certificates of insurance may contain any additional information or statements not inconsistent with Nebraska law and may list the required data for multi-vehicle policies.
Evidence of insurance in the form of a certificate of insurance for fleet vehicles may include, as an appropriate reference, a designation that the insurance coverage is applicable to all vehicles owned by the named insured, or wording of similar effect, in lieu of an explicit description.
Insurance carriers should be familiar with the surcharge prohibition set forth at Neb.Rev.Stat. §44-3,128 which reads as follows:
when any person insured under an automobile liability policy is involved in accident which the license of operator another motor vehicle suspended pursuant to section 60-507 because failed provide proof financial responsibility and there a reasonable possibility judgment being rendered against such operator, insurance carrier covering shall not surcharge coverages party's current or subsequent renewal for loss was sustained by covered policy.
Questions about certificates of insurance can be addressed to the Property and Casualty and Legal Divisions of the Department of Insurance.
L. TIM WAGNER
Director of Insurance