Subject 375-3-7 SAFETY RESPONSIBILITY
The Director of the Regulatory Compliance Division of the Department of Driver Services, and such additional staff as the Commissioner deems necessary, shall administer the laws regarding Safety Responsibility prescribed in "Motor Vehicle Safety Responsibility Act".
Pursuant to Georgia Code 40-9-34(7), the requirements of security under 40-9-32 shall not apply to the owner of a vehicle if at the time of the accident the vehicle was being operated without their permission, express, or implied, or was parked by a person who had been operating such vehicle without such permission. The Department may accept as evidence of the above a verified stolen car report on file with a law enforcement agency or any other evidence that the Department deems sufficient.
If a hearing is requested on any action taken by the Safety Responsibility Unit, whether or not it is subject to review under the Administrative Procedure Act, the hearing shall be held in accordance with the Ga. Comp. R. & Regs. R. 375-1-1-.06.
Whenever security is required to be furnished under "The Motor Vehicle Safety Responsibility Act" the Department may evaluate any or all of the following to determine the amount of security required:
|(a)||A notarized affidavit, (Form DDS-202), executed by the owner of the damaged property or if for personal injury, a notarized affidavit from the injured party along with personal injury affidavit and physician's report, a copy of the individual's accident report (DDS-190), upon request, and a copy of the investigating officer's report of the accident. If the accident was not investigated, a statement advising of such fact will also be required and an itemized estimate of damages, Loss and Salvage Report if vehicle was a total loss. Claim must be filed within one year from date of an accident.|
|(b)||A judgment against the licensee, or owner of the vehicle. Judgment must state name of defendant, date of accident, amount of judgment, that judgment is final, that it is unsatisfied, that time for appeal has expired, and must have signature and seal of clerk.|
|(c)||A certification from a foreign jurisdiction that the operating privilege of a licensee of this State has been suspended or revoked for failure to show proof of financial responsibility to cover damages arising out of a motor vehicle accident.|
The Department will accept as security under "The Motor Vehicle Safety Responsibility Act", O.C.G.A. § 40-9-33, cash deposits and real property bonds. Cash deposits are to be made in the form of certified checks, cashiers checks, or money orders.
The Commissioner of the Department of Driver Services is authorized to disburse the security posted, in compliance with the provisions of the Safety Responsibility Act, upon receiving a certificate from the Clerk of any Court wherein a judgment has been obtained against the person on whose behalf the deposit was made. Such certificates should set forth the party to the litigation, time, place and date of the accident. The fact that the judgment is unsatisfied of record and that the time for appeal has expired or that the judgment has been affirmed on appeal should also be indicated. It shall be the duty of the Commissioner to immediately transmit to the Clerk of said court any cash security held by the Department to be applied to the satisfaction of said judgment and any accrued interest or court cost. Any additional security over and above the amount required to satisfy the foregoing shall be returned by the Commissioner to the depositor.