§ 39-16-05 — Suspension of license and when not applicable

1. The director, within ninety days after the receipt of a report of a motor vehicle accident
within this state for which a driver is required to file a report under section 39-08-09,
shall suspend the license or nonresident operating privilege of each driver of each
vehicle in any manner involved in the accident unless the driver deposits security as
provided in sections 39-16-09 and 39-16-10 in a sum which is sufficient in the
judgment of the director to satisfy any judgment or judgments for damages resulting
from the accident as may be recovered against such driver. Notice of suspension and
opportunity for hearing must be sent by the director to the driver not less than ten days
prior to the effective date of the suspension and must state the amount required as
security. However, if a driver, either resident or nonresident, involved in the accident

purchases an insurance policy with at least the amount of coverage required by this
section, and files proof and satisfies financial responsibility requirements thereof with
the director, that driver may retain the license or privilege until the driver has accepted
responsibility for the accident or agreed to a settlement of claims arising from the
accident or until a court of this state has determined that the driver was negligent or
responsible for the accident in whole or in part. If the driver is found negligent or
responsible for the accident, in whole or in part, the license or privilege must be
suspended and will not be returned until the driver complies with this chapter.
2. This section does not apply under the conditions stated in section 39-16-06, or:
a. To a driver, if the driver is the owner of the motor vehicle involved in the accident
and had in effect at the time of such accident an automobile liability policy with
respect to the motor vehicle involved in the accident, affording substantially the
same coverage as is required for proof of financial responsibility under chapter
39-16.1.
b. To a driver, if not the owner of the motor vehicle, if there was in effect at the time
of the accident an automobile liability policy or bond with respect to the driver's
operation of the motor vehicle, affording substantially the same coverage as
required for proof of financial responsibility under chapter 39-16.1.
c. To a driver, if the liability of the driver for damages resulting from the accident is,
in the judgment of the director, covered by any other form of liability insurance
policy or bond or certificate of self-insurance under section 39-16-32.
3. No such policy or bond is effective under this section unless by an insurance carrier or
surety company authorized to do business in this state, except that if the motor vehicle
was not registered in the state, or was a motor vehicle which was registered elsewhere
than in this state at the effective date of the policy or bond, or the most recent renewal
thereof, the policy or bond is not effective under this section unless the insurance
carrier or surety company, if not authorized to do business in this state, shall execute a
power of attorney authorizing the director to accept service, on its behalf, of notice or
process in any action upon the policy or bond arising out of the accident; provided,
every such policy or bond is subject, if the accident has resulted in bodily injury or
death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand
dollars because of bodily injury to or death of one person in any one accident and,
subject to the limit for one person, to a limit of not less than fifty thousand dollars
because of bodily injury to or death of two or more persons in any one accident, and, if
the accident has resulted in injury to or destruction of property to a limit of at least
twenty-five thousand dollars because of injury to or destruction of property of others in
any one accident. Upon receipt of notice of the accident, the insurance carrier or
surety company which issued the policy or bond shall furnish for filing with the director
a written notice that the policy or bond was in effect at the time of the accident, or the
department may rely upon the accuracy of the information and the required report of
an accident as to the existence of insurance or a bond unless and until the department
has reason to believe that the information is erroneous.