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I don't have an sr22 but need one. i have insurance on my car but not sr22 so can my friend still drive my car?

Sioux Falls, SD |
Attorney answers 2

Best Answer

I disagree with Mr. Newman, but like him, I am not licensed in SD. I would suggest asking your DMV.

The SR22 recquirement limits your ability to drive. It is not a limitation on what vehicles you may register or own. You may not drive without a drivers license and may not get one without an SR22. If your friend is properly licensed, he/she may operate your properly registered and licensed car.

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--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin

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If it is your car with "your" insurance then you must get the SR 22. It is filed by your insurance company on your behalf to the DMV to prove "your" responsibility of proper liability insurance coverage. You will not be able to get your driver's license re-instated without obtaining the SR 22.

If you decide not to drive at all, and do not have insurance (with a car or without) then you do not need an SR 22.

If you decide to drive without car ownership, you can get a "named operator" policy, but again this will also require the SR 22 be filed. It follows the insurance that you placed on the car or upon yourself. It is usually required for 3 or more years upon any insurance you obtain for auto coverage and will now follow you state to state during that time frame.

If you move from SD to another state you will still have to maintain the SR 22 (and SD minimum insurance coverage) even if you move to a non-SR 22 state (there are 8).

42 states have an SR 22 (also called a 44) requirement. This will be for the full term of your SR 22 requirement from SD.

Bottom line: noone should drive your car without the SR 22

I am not licensed in SD, consult with a SD lawyer ASAP

Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.


Like you, I am not licensed in SD. Respectfully, I disagree with your answer, though. I know of no state where the SR-22 requirement has to do with whether or not a particular vehicle may be driven by a different, licensed driver. I don't pretend to know every state, I just have never heard of such a requirement.

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