Indiana § 8-21-3-7 - Nonresidents

§ 8-21-3-7. Nonresidents

Sec. 7. (a) The provisions of this chapter shall apply to any person who is not a resident of this state under the same circumstances as they would apply to a resident, and, in such event, such a nonresident shall not operate any aircraft in this state nor shall any aircraft owned by the nonresident be operated in this state, unless and until such nonresident, or the owner of the aircraft, if another person, has complied with the requirements of this chapter with respect to security and proof of financial responsibility covering such aircraft.

(b) The operation by a nonresident, or by the nonresident's duly authorized agent, of an aircraft in this state shall be deemed equivalent to an appointment by such nonresident of the secretary of state, or the secretary of state's successor in office, to be the nonresident's true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against the nonresident, growing out of any aircraft accident in which such nonresident may be involved while so operating or so permitting to be operated an aircraft in this state, and such operation shall be signification of the nonresident's agreement that any such process against the nonresident, which is so served, shall be of the same legal force and validity as if served upon the nonresident personally. Such action may be filed in the county of the residence of the plaintiff or in the county where the accident occurred, at the election of the plaintiff, and service of such process shall be made by leaving a copy thereof, with the fee set forth in IC 23-0.5-9-56, for such defendant to be served, with the secretary of state, or in the secretary of state's office, and such service shall be sufficient service upon such nonresident, provided that notice of such service and a copy of the process are forthwith sent by registered mail to the defendant and the defendant's return receipt is appended to the original process and filed therewith in the court. In the event that the defendant refuses to accept or claim such registered mail, then such registered mail shall be returned by the secretary of state to the plaintiff or to the plaintiff's attorney, and the same shall be appended to the original process, together with an affidavit of the plaintiff or of the plaintiff's attorney or agent to the effect that such summons was delivered to the secretary of state, together with the fee set forth in IC 23-0.5-9-56, and was thereafter returned unclaimed by the postoffice department, and such affidavit, together with the returned affidavit including said summons, shall be considered sufficient service upon such nonresident defendant. The court in which the action is brought may order such continuances as may be reasonable to afford the defendant opportunity to defend the action.

(c) No insurance policy or bond shall be effective under section 4 of this chapter in the case of an aircraft owned or operated by a nonresident in this state at the time of the accident or at the effective date of the policy or bond, or the most recent renewal thereof, unless the insurance company or surety company, if not authorized to do business in this state, shall execute a power of attorney authorizing the secretary of state to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.

Formerly: Acts 1951, c.267, s.7; Acts 1953, c.85, s.4. As amended by P.L.66-1984, SEC.137; P.L.50-2024, SEC.6.