Q. What is a financial-responsibility judgment?
A. If someone is driving
a vehicle without insurance and is at-fault in an accident, the injured
party may file a suit against the uninsured motorist in court for
damages. The court may award a judgment for damages to the injured
party against the uninsured motorist. If the uninsured motorist cannot
pay the judgment, their driver license is suspended until the judgment
is paid in full.
Q. My driver license is suspended due to a financial responsibility judgment. What can I do?
A. You may apply for a
financial-responsibility restricted driver license. This is a no-photo
license that limits the holder to driving only the vehicles stated on
the license. In order to receive a financial-responsibility restricted
driver license, you must file a partial-payment agreement and proof of
financial-responsibility insurance with:
Michigan Department of State
Action Processing Unit
7064 Crowner Driver
Lansing, Michigan 48918-0001
The telephone number is (517) 322-6406, and the fax number is (517) 322-1767.
Q. What is a partial-payment agreement?
A. A partial-payment agreement
is an agreement that is signed by the injured party and the at-fault
uninsured motorist, wherein the at-fault uninsured motorist agrees to
make payments toward the judgment. It states a specified amount to be
paid, when it is to be paid, and to whom it is to be paid.
Q. I am trying to set up a
partial-payment agreement, but the injured party refuses to sign a
partial-payment agreement with me. What can I do?
A. The at-fault, uninsured motorist has
the option of requesting the court to enter an Order Regarding
Installment Payments. The at-fault, uninsured motorist may request that
the court clerk file a motion requesting said action, and upon a
hearing being held on the motion, the judge may enter an Order
Regarding Installment Payments. A certified or attested true copy of
this order from the court must be filed with the department of state at
the address above.
Q. What is financial responsibility insurance?
A. Financial-responsibility insurance is
Michigan no-fault insurance that meets the special requirements of the
financial responsibility situation. There are two types of acceptable
insurance:
1. Owner's, which insures any vehicle registered in the name of the responsible party.
2. Operator's, which insures the responsible party in any vehicle not registered in the subject's name.
The
subject may carry just owner's or operator's insurance or may carry
both, whatever meets the subject's needs. The subject applies for the
financial-responsibility insurance at an insurance agent of their
choosing. The application is sent to the home office of the issuing
company, and the home office supplies the State of Michigan with the
necessary certificates of insurance. This process may take between two
and four weeks to complete. An application for insurance is not acceptable.
Q. I have a financial-responsibility driver license and I want to purchase another vehicle. What do I have to do?
A. You are responsible for
applying for a new financial-responsibility insurance policy on the new
vehicle. Your insurance company will supply the State of Michigan with
a copy of the new insurance certificate. Once the State of Michigan has
received the certificate of insurance (not the application) for the new
vehicle, another financial-responsibility restricted driver license
will be issued to you. Until a new driver license is issued, you are
not licensed to drive the new vehicle.