DHSMV Issues Follow-Up PIP Opinion

Subsequent to issuing an initial legal opinion regarding motor vehicle property liability insurance requirements after the prospective October 1, 2007 sunset of Florida’s No-Fault/PIP statutes, the General Counsel for the Florida Department of Highway Safety and Motor Vehicles (“DHSMV”) has issued a follow-up legal opinion to DHSMV Executive Director Electra Theodorides-Bustle.

A copy of the opinion is attached for your review.

The new opinion, dated August 24, 2007, addresses specific questions regarding enforcement and compliance issues surrounding a No-Fault/PIP sunset with the following overall conclusions based on Florida Statutes:

1. Proof of property damage liability insurance must be submitted at the time of vehicle registration.

2. Parties involved in certain vehicle crashes must provide the investigating  law enforcement officer with proof of insurance.

3. An owner who fails to maintain the required insurance and a driver who operates a vehicle without the required insurance is guilty of a misdemeanor, however, in light of the answers to number 5 and 6 below, it will be difficult to prosecute this violation.

4. The DHSMV will no longer be authorized to suspend the vehicle owner’s driver’s license or motor vehicle registration.

5. Insurers will not be required to report issuance, renewals, cancellations and non-renewals of property damage liability policies to the DHSMV, nor will such reports be exempt from the public records act.

6. Vehicle operators will not be required to possess proof of property damage liability insurance cards or display the same to law enforcement officers.

To read the previous August 21, 2007 opinion, click here.

 

Should you have any questions or comments, please do not hesitate to contact this office.