W. Va. Code R. § 91-13-5

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 91-13-5 - Traffic Crash Reports
5.1. Upon receipt of a West Virginia Uniform Traffic Crash Report, the Division shall review the report to determine if the law enforcement officer investigating the crash was able to determine if the motor vehicle or motor vehicles involved in the traffic crash were covered by an insurance policy.
5.2. If the Commissioner determines there was no liability insurance at the time of the crash, the Division shall issue notices of suspension by certified mail to the owner or owners of the vehicle in question. The notice shall allow a 30-day notice period before the suspension effective date. Proof of insurance must be provided to the Division and confirmed for the date and time of the crash.
5.3. If liability insurance coverage cannot be confirmed for the date and time of the crash, the Division shall suspend the driver's license of the owner of the motor vehicle for a period of thirty (30) days.
5.4. If the Division determines that the owner of the vehicle has been previously suspended for an offense described in W. Va. Code § 17D-2A-1 et seq, 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.
5.5. 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.
5.6. The provisions of section seven of this rule apply to first (1st) time offenders.

W. Va. Code R. § 91-13-5