Print Friendly SENATE BILL NO. 1124 – MV operator, service of process
SENATE BILL NO. 1124
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
S1124................................................by JUDICIARY AND RULES
MOTOR VEHICLE OPERATORS - Amends existing law relating to service of
process on resident and nonresident motor vehicle operators to provide that
certain insurance carriers shall be deemed appointed for service of
process; to authorize the claim representative or claim adjuster for a
liability insurance carrier to accept service of process for a defendant or
process may be served upon the liability carrier; and to provide duties of
the liability carrier when served.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1124
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SERVICE OF PROCESS ON RESIDENT AND NONRESIDENT MOTOR VEHICLE OPER-
3 ATORS; AMENDING SECTION 49-2421, IDAHO CODE, TO PROVIDE THAT CERTAIN
4 INSURANCE CARRIERS SHALL BE DEEMED APPOINTED FOR SERVICE OF PROCESS, TO
5 AUTHORIZE THE CLAIM REPRESENTATIVE OR CLAIM ADJUSTER FOR A LIABILITY
6 INSURANCE CARRIER TO ACCEPT SERVICE OF PROCESS FOR A DEFENDANT OR PROCESS
7 MAY BE SERVED UPON THE LIABILITY CARRIER, TO PROVIDE DUTIES OF THE LIABIL-
8 ITY CARRIER WHEN SERVED AND TO MAKE TECHNICAL CORRECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 49-2421, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 49-2421. SERVICE OF PROCESS ON RESIDENT AND NONRESIDENT MOTOR VEHICLE
13 OPERATORS. (1) The operation by any person, either as principal, master,
14 agent, servant or otherwise, of any motor vehicle, whether registered or
15 unregistered, and with or without a license to operate, on any highway in this
16 state, shall be deemed equivalent to an appointment by that person of the sec-
17 retary of state and the insurance carrier that provides the liability insur-
18 ance coverage required by section 49-1229, Idaho Code, at the time of the
19 accident or collision at issue, to be his true and lawful attorney, upon
20 either of whom may be served all lawful summons and processes in any action or
21 proceeding against him, growing out of any accident or collision in which he,
22 either as principal, master, agent, servant, or otherwise, may be involved
23 while operating, causing or permitting the operation of a motor vehicle upon a
24 highway. The operation shall be signification of an agreement by the person
25 that any summons or process against him which is so served in a manner consis-
26 tent with this section shall be of the same legal force and validity as if
27 served on him personally within Idaho.
28 (2) Service of the process es upon the secretary of state shall be made by
29 leaving a copy of the process, with a fee of five dollars ($5.00), in the
30 hands of the secretary of state or in his office. The service shall be a suf-
31 ficient and valid personal service upon that person; provided, notice of the
32 service and a copy of the process is sent by registered mail by the plaintiff
33 to the defendant, and the defendant's return receipt and plaintiff's affidavit
34 of compliance are appended to the process and entered as a part of the return.
35 Personal service outside of the state in accordance with the provisions of the
36 laws of Idaho relating to personal service of summons outside of the state
37 shall relieve a plaintiff from mailing copies of the summons or process by
38 registered mail as provided in this section. Service of the process upon a
39 defendant shall not be complete until it is either made by registered mail or
40 by personal service outside of the state. The court in which the action is
41 brought may order continuances as may be necessary to afford the defendant
42 reasonable opportunity to defend the action.
43 (3) A claim representative or claim adjuster for the liability insurance
1 carrier is authorized to accept service of process for the defendant or proc-
2 ess may be served upon the liability carrier in the same manner as if the lia-
3 bility carrier were the defendant. When served, the liability carrier shall
4 provide notice of the service and a copy of the process to the defendant.
STATEMENT OF PURPOSE
This bill is one of a series proposed to modernize and
streamline judicial and legal proceedings in automobile insurance
litigation. This statute is designed to eliminate unnecessary
court hearings and defaults by individuals. Currently when a
person's location is unknown a plaintiff must get an order from
the court and publish a copy of the summons for four weeks. This
often leads to a court defaulting a defendant even when there is
an insurance company. This bill authorizes an insurance company
for the person who caused a collision to accept service of
process. This will allow a defense lawyer to appear more easily
in a case and reduce costs of litigation.
This bill will have no fiscal impact.
Name: Senator Mike Burkett
STATEMENT OF PURPOSE/FISCAL NOTE S 1124