New effort to curb uninsured drivers

OKLAHOMA consistently ranks near the top of the list of states with the highest percentage of uninsured drivers. It’s estimated that as many as one in four Oklahoma drivers goes without liability insurance, far higher than the national average of about one in seven.

This makes these motorists lawbreakers every time they get behind the wheel — and it’s costly. A few years ago, a study by the Oklahoma Insurance Department estimated that uninsured drivers cost the state $8.8 million annually in tax premiums.

An effort that begins Nov. 1 in Oklahoma City and Tulsa is intended to nab these folks.

The Uninsured Vehicle Enforcement Diversion Program, approved by the Legislature last year, will use cameras to scan license plates, then give those motorists the opportunity to comply with the law without receiving a ticket or being charged with a crime. They will, however, be assessed a $174 fee.

Brian Hermanson, chairman of the Oklahoma District Attorneys Council, called the program unlike any in the country. Hermanson added, “Because they aren’t following state law, we had to find a way to make them comply with the laws.”

In 2006, a new law established an electronic insurance verification system for use by law enforcement. A few years later, the Legislature approved a bill that allows law enforcement to order vehicles towed if they are driven by uninsured drivers.

In 2013, the Legislature passed another bill, this one allowing law enforcement to remove the license plate from uninsured vehicles, with the plate being reinstated once insurance is purchased.

Lawmakers in 2011 approved a bill intended to keep uninsured drivers from benefiting in court, by banning their ability to collect so-called “pain and suffering” damages if they’re in an accident. The law did allow those drivers to recover actual damages, such as property damage, medical costs and lost income.

The logic behind the law was simple — if you don’t obey the law while driving, then you shouldn’t be allowed to collect a jackpot from a law-abiding driver if you’re in an accident. Yet in 2014 the law was struck down as an “impermissible special law” by the state Supreme Court.

The new diversion program will begin with five scanning cameras in Oklahoma City and Tulsa before expanding to other spots across the state. Information will be run through a database made up of information from insurance companies and the state Tax Commission.

Most of the $174 fee will go to the District Attorneys Council to help pay for the staff who will review the images of the uninsured license plates. Another piece of the fee will go to the vendor that’s providing the equipment and technology.

Hermanson noted that when an uninsured driver causes an accident, it’s the innocent motorist who must foot the bill for repair bills and hospital costs. “The goal of this new program is for all drivers to have at least the minimum required amount of liability insurance,” he said.

Perhaps this latest effort will enjoy greater success than those that have come before.