Insurance Company's Duty to File SR-22

This section places the burden on the insurance company to file an SR-22 if requested by the insured and the person had insurance in force when incident occurred.

55-12-137. Duty of insurance company to file written proof of insurance when required - Civil penalty for violation.

(a) Whenever, under the provisions of this chapter, any person is required to file with the commissioner of safety acceptable evidence of security, proof of financial responsibility, and such requirement may be satisfied by written proof of insurance coverage in the amounts required by this chapter, and the person is so insured, it is the duty of the insurance company with whom the person has insurance to file, upon request of the insured, the necessary information with the commissioner on a certificate or form approved by the commissioner.

(b) If any company fails or refuses to file, within the time required by this chapter, such certificate or form upon the request of an insured, reasonably made, the company shall forfeit to the insured the amount of one hundred dollars ($100) and shall be liable for damages in the amount of any damages sustained by the insured on account of the failure or refusal of the company to file the required form or certificate, such sums to be recoverable at the suit of the insured.