You asked for information regarding the enforcement of Connecticut's uninsured driver laws. In particular, you asked for the incidence of accidents caused by uninsured drivers; arrests, prosecution, and conviction data; police enforcement practices; communications between the Department of Motor Vehicles (DMV), insurance companies, and local law enforcement agencies; DMV enforcement backlog; and the automobile insurance premium impact of uninsured drivers.

SUMMARY

Connecticut requires every automobile owner to provide and maintain liability insurance on each motor vehicle owned. The Department of Motor Vehicles (DMV), insurance companies, and the Department of Public Safety (DPS) law enforcement officers partner to enforce compliance.

DMV checks for insurance when a person registers a vehicle or restores a license after a suspension. Insurance companies provide monthly notification to DMV of each motor vehicle insurance policy cancelled the prior month. DMV follows-up on cancellation notices and cancels registrations when warranted. DMV forwards information to DPS, which updates a system that police officers access at accident scenes.

While police officers take necessary enforcement action at accidents, neither DPS nor the Connecticut Judicial Branch maintain statistics on the number of uninsured drivers that are involved in or cause accidents.

In addition, the Connecticut Insurance Department is unable to compute the impact of uninsured drivers on automobile insurance premiums, except to note that policies are experience-rated, meaning the premium charged reflects the impact of prior claims filed. The premium charged to an insured for uninsured coverage is, in essence, the financial impact of uninsured drivers being on the road.

ENFORCEMENT OF UNINSURED DRIVER LAWS

Connecticut law requires every automobile owner to provide and maintain liability insurance on each motor vehicle owned (CGS § 38a-371). It requires the owner to present (1) an insurance identification card when registering a vehicle for the first time and (2) a certificate of financial responsibility when restoring a license after a suspension (CGS § 14-12b). DMV uses several methods to identify uninsured drivers: (1) audits, (2) complaints, and (3) cancellation notices from insurance companies.

Insurers must notify DMV monthly of each liability policy cancelled during the preceding month (CGS § 38a-343). DMV reviews the cancellation data in conjunction with registration records to identify registered owners who have failed to continuously maintain insurance throughout the registration period. DMV mails verification letters to the identified registrants. If the individual does not reply to this letter with proof of insurance, DMV initiates a registration cancellation process, including an opportunity for a hearing (CGS §§ 14-12c and 12g). As of October 2004, DMV was working on the May 2004 cancellation list.

DMV maintains a database with the cancelled insurance information. The database is not directly accessible by police officers and it is not a real-time system, meaning it does not reflect up-to-the-minute information. Instead, DMV provides DPS with a paper list of registrations with cancelled insurance. DPS enters this information in its COLLECT system, which police officers can access at an accident scene. When an officer queries COLLECT on a license plate number, the code “CAN/INS” will appear if DPS has been made aware of cancelled insurance.

At the scene of an accident, a police officer asks an involved motorist for his license, registration, and insurance identification card. Failure to carry an insurance card is an infraction subject to a fine (CGS § 14-13). Operating an uninsured vehicle is a class C misdemeanor, the penalty for which is up to three months imprisonment, up to a $500 fine, or both (CGS § 38a-371). Police officers also have the discretion to seize and impound any vehicle operated on a public road or parked in parking areas if it is identified as uninsured (CGS § 14-12h).

Police officers take enforcement action whenever a motor vehicle operator or involved person is found at fault during an accident investigation. In general, enforcement action may include “no action,” “verbal warning,” “written warning,” a motor vehicle infraction ticket, or a misdemeanor summons. The accident circumstances allow a certain amount of discretion on the part of the police officer. DPS recognizes that uninsured motorists can cause great financial and personal hardships to others who possess insurance and have to make up for opposing parties who lack insurance or adequate insurance (Source: Major Frank Griffin, Commanding Officer, Connecticut Department of Public Safety).

The DPS Crime Analysis Unit compiles statistics on motor vehicle accidents, related charges, and causative factors. Even though uninsured vehicles should not be on the road, the lack of insurance itself is not necessarily a cause nor a contributing factor to an accident, according to Major Griffin. As a result, the Crimes Analysis Unit does not capture the incidence of motor vehicle accidents caused by uninsured drivers.

The Connecticut Judicial Branch tracks the disposition of cases brought to court, including the number of arrests. The Judicial caseflow statistician informs us that he does not have a way to tie uninsured driver status to an accident and therefore is unable to report arrests, prosecution, and conviction data related to uninsured drivers.

JK:ts