Security from nonresidents for damage caused by operation of motor vehicles; procedure; contents of motion
Section 3G. In a civil action against a non-resident for damage to property or for the death of or bodily injury to any person resulting from an accident in this commonwealth alleged to have been caused by a motor vehicle owned or operated by such non-resident, the plaintiff may apply by motion in writing filed in court for an order to show cause why the defendant should not be required to furnish forthwith such security in such amount as the court shall find reasonable under the circumstances, after summary hearing, to satisfy any final judgment that may be recovered in such action, not later than sixty days after the entry of such judgment, to the amount or limit of not more than five thousand dollars on account of injury to or death of any one person, and, subject to such limits as respects injury to or death of one person, of not more than ten thousand dollars on account of any one accident resulting in injury to or death of more than one person, or of not more than one thousand dollars for damage to property. Said motion shall be served in accordance with the applicable rule of court. The court shall accept as sufficient security, except for damages to property, a certificate as defined in section thirty-four A, or other satisfactory proof that the liability, if any, for damages resulting from such accident is insured or secured, to the amounts or limits herein set forth, by an insurance company authorized to do business in this commonwealth.
The motion shall state the facts, and, if the court finds that such accident was probably due to the negligence of the defendant or his agent, the court may order the defendant to furnish forthwith such security as aforesaid and may order that until such security is furnished the right of the defendant or of any one employed or authorized by him to operate a motor vehicle on his behalf in this commonwealth be suspended. Such an order for security shall be subject to modification at the discretion of the court as justice may require. The court shall send a notice of such order and of any modification thereof and notice of compliance with such order, each certified by the clerk of the court, forthwith to the registrar who shall suspend the right of the defendant or of any one employed or authorized by him to operate a motor vehicle on his behalf in this commonwealth. The address of the defendant shall be given in said notice. The registrar shall not restore the rights suspended by order of the court until he has received notice from the court of modification of or compliance with the order.