25 Jan Indiana Insurance Suspensions
Indiana Insurance Suspensions from the BMV
In Indiana, under certain circumstances, the Indiana BMV can request proof of insurance from a driver. If the driver does not provide proof of insurance by the deadline, the BMV will suspend the person’s driving privileges. In other cases, a court can suspend a person’s driving privileges for not providing proof of insurance. These insurance suspensions can be devastating. This blog post will provide a brief overview of how and when a person’s driving privileges can be suspended for lack of insurance and what can be done to get your driver’s license back.
Court Ordered Insurance Suspensions for No Insurance
Under Indiana law, operating a vehicle without insurance is a class A infraction. See IC 9-25-8-2. Along with fines and court costs, the court is required to suspend the person’s driving privileges for 90 days. However, if the person has a prior conviction for the same offense in the previous five years, the license suspension must be for one year. If the court does not order the suspension, the BMV is required to impose the license suspension.
BMV Ordered Indiana Insurance Suspensions
Under both state statute and administrative code, there are ways for the BMV to both request insurance documentation and suspend a person’s driving privileges if they fail to supply the requested proof of insurance.
Indiana Insurance Suspensions After a Car Accident
Under IC 9-25-5 if a person is involved in a motor vehicle accident, not later than 45 days after the BMV receives the accident report, they are required to send a request for proof of insurance for the vehicle involved in the accident. If the person cannot submit proof of insurance through their insurance company, the BMV will suspend that person’s driving privileges for 90 days. If the person has a prior insurance suspension in the previous three (3) years, the BMV will add on an additional license suspension for 365 days. See IC 9-25-6-3.5.
Indiana Insurance Suspensions After a Traffic Ticket Conviction
If a person is convicted of a pointable traffic ticket or a criminal misdemeanor involving the operation of a vehicle, the BMV may request proof of insurance for the date of the offense and the vehicle involved. Under IC 9-25-9, the BMV will request proof of insurance under the following circumstances:
- if a person is convicted of a moving traffic violation for which points are assessed and the person had been convicted of at least two (2) additional moving traffic violations in the previous twelve (12) month period
- The person was convicted of: (A) a misdemeanor; or (B) a felony; involving a motor vehicle
- The person committed a moving traffic violation for which points are assessed and the driving privileges of the person were previously suspended for violation of the financial responsibility requirements of IC 9-25.
If the BMV requests proof of insurance under one of those circumstances and the person cannot provide proof, the BMV will suspend the person’s driving privileges for 90 days. If the person has a prior insurance suspension in the previous three (3) years, the BMV will suspend the driving privileges for an additional 365 days.
Indiana Insurance Suspensions and Specialized Driving Privileges (Hardship License)
While no one wants to have their driver’s license suspended, at Chambers Law Office we understand that it can happen to anyone. Maybe you couldn’t afford insurance, or maybe you missed your cutoff to make your annual insurance payment. Whatever the case, if you do find yourself stuck with a suspended driver’s license due to an insurance suspension, you might qualify for Specialized Driving Privileges (formerly known as a hardship license).
If granted, specialized driving privileges allow you to drive to and from work, medical appointments, family obligations, grocery stores and gas stations. The court can put as many or as little restrictions on the license, but it will generally include those locations. These specialized driving privileges must be in place for a minimum of 180 days and can last through the duration of a license suspension. You can find more information on Specialized Driving Privileges HERE.
Indiana Traffic Attorney & Driver’s License Suspension Lawyer
At Chambers Law Office, we represent clients dealing with driver’s license issues throughout central Indiana, including in Marion County, Hamilton, Hancock, Boone, Shelby and Johnson Counties. As a former Marion County traffic court deputy prosecutor, Julie Chambers has years of experience dealing with license suspensions, the BMV and traffic court. If you have questions about Indiana insurance suspensions, BMV license suspensions or Specialized Driving Privileges, contact Chambers Law Office today at 317-450-2971.