Section 303.040

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 303

Effective - 28 Aug 2010, 2 histories   

  303.040.  All motor vehicle accidents to be reported — director to notify all other parties, contents — parties to furnish information — nonresident requirements. — 1.  The operator or owner of every motor vehicle which is involved in an accident within this state, including a nonresident operator or owner of a motor vehicle, or the owner of a legally or illegally parked car which is in any manner involved in an accident within this state, with an uninsured motorist, upon the streets or highways thereof, or on any publicly or privately owned parking lot or parking facility generally open for use by the public, in which any person is killed or injured or in which damage to property of any one person, including himself, in excess of five hundred dollars is sustained, and the owner or operator of every motor vehicle which is involved in an accident within this state if such owner or operator does not carry motor vehicle liability insurance shall, within thirty days after such accident, report the matter in writing to the director.  Such report, the form of which shall be prescribed by the director, shall provide the operator with notice of the following:

  (1)  That it is the responsibility of the operator, not the state, to bring an action at law on the claim of the operator arising out of the accident;

  (2)  That the security deposited shall only be applied to the payment of a judgment against the person or persons on whose behalf the deposit was made;

  (3)  That the department of revenue shall return the deposit to the depositor after the expiration of one year from the date of the accident, or as otherwise provided in section 303.060.  In addition, the report shall contain such information as will enable the director to determine whether the requirements for the deposit of security under section 303.030 are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter, or whether the required financial responsibility has been met by the owner or operator of the motor vehicle as required by section 303.025.  The director may rely upon the accuracy of such information unless and until he has reason to believe that the information is erroneous.  If such operator be physically incapable of making such report, the owner of the motor vehicle involved in such accident shall, within thirty days after learning of the accident, make such report.  If the operator is also the owner and is incapable of filing such report as is required by this section, then the report will be filed as soon as the operator-owner is so capable.  If the report is late by reason of incapability, a doctor's certificate must accompany the report certifying same.  The operator or the owner shall furnish such additional relevant information as the director shall require.

  2.  If any party involved in an accident files a report under this section, the director shall notify, within ten days after receipt of the report, all other parties involved in the accident as specified in the report that a report has been filed and such other parties shall then furnish, within ten days, the director with such information as the director may request.

  3.  If any party involved in an accident in this state is a nonresident uninsured motorist, the nonresident uninsured operator or owner of the motor vehicle and any law enforcement agency responding to such accident shall report the involvement of an uninsured nonresident motorist in an accident occurring in this state to the director, and any resident operator or owner of a motor vehicle involved in an accident with an uninsured nonresident motorist may report such accident to the director in accordance with the provisions of subsections 1 and 2 of this section.

­­--------

(L. 1953 p. 569, A.L. 1976 H.B. 1392, A.L. 1979 H.B. 167, A.L. 1986 S.B. 424, A.L. 2010 S.B. 583)