Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-13-3 - Verification of Insurance3.1. Electronic Insurance Verification Program -- In accordance with the provisions of W. Va. Code § 17D-2A-6a, the Division maintains an electronic insurance verification program for motor vehicles. Pursuant to W. Va. Code § 17D-2A-2, commercial motor vehicles covered under a commercial policy are excluded from the electronic insurance verification program.3.2. Insurance Verification -- The Division may verify insurance coverage by any means available including electronic access. The electronic verification may be conducted by using various criteria or established key elements that meet the standards and specifications of the Insurance Industry Committee on Motor Vehicle Administration (IICMVA) model. The Division shall randomly select vehicles with an active title and active registration to verify current liability insurance status. This sample shall be conducted on a weekly basis.3.3. Notice of Insurance Request -- When the electronic insurance database cannot verify current liability insurance coverage, the Division shall issue a thirty (30) day notice by regular mail to the vehicle owner or owners. This notice will request current liability insurance on the vehicle listed in the notice.3.4. Certified Notice of Insurance Request -- When the owner or owners fail to respond to the Notice of Insurance Request, fail to provide current liability insurance or fail to resolve the active registration of the vehicle listed, the Division shall issue a thirty (30) day notice by certified mail. This notice will request current insurance on the vehicle listed in the notice.3.5. Failure to Respond or Resolve Notices -- Failure to resolve the certified notice requirement will result in the suspension of the owner's driver's license on the suspension effective date listed on the certified notice. If the Commissioner cannot determine there is current liability insurance in effect, the Division shall suspend the driver's license of the owner of the motor vehicle for a period of thirty (30) days.3.6. If the Division determines that the owner of the vehicle has been previously suspended for failing to maintain insurance on a motor vehicle or knowingly operating a vehicle without insurance, and this is a second (2nd or subsequent offense within five (5) years, the period of the driver's license suspension is ninety (90) days. The Division shall also suspend the registration of the motor vehicle.3.7. Reinstatements of driver's licenses or driving privileges and vehicle registration are contingent upon payment of all fees assessed by the Division of Motor Vehicles. In addition, the owner must provide proof of current liability insurance on the motor vehicle or resolve the active registration, unless the registration plate has expired or the title is no longer in an active status.