W. Va. Code R. § 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.
Notes
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