(1) (a) Unless excepted under Subsection (2), the operator of a motor vehicle involved in an accident in the state and any owner who has not previously satisfied the requirement of security under Section 41-12a-301 shall file post-accident security with the department for the benefit of persons obtaining judgments against the operator on account of bodily injury, death, or property damage caused by the accident. (b) The security shall be in an amount determined by the department to be sufficient to satisfy judgments arising from bodily injury, death, or property damage resulting from the accident that may be recovered against the operator, but may not exceed the minimum single limit under Subsection 31A-22-304(2). (c) The department shall determine the amount of post-accident security on the basis of reports and other evidence submitted to the department by interested parties, including officials investigating the accident. (d) In setting the amount of post-accident security, the department may not take into account alleged damages resulting from pain and suffering. (e) Persons who fail to file required post-accident security are subject to the penalties under Subsection (3). (2) The operator is exempted from the post-accident requirement under Subsection (1) if any of the following conditions are satisfied: (a) No bodily injury, death, or damage to the property of one person in excess of the damage limit specified under Section 41-6a-401 resulted from the accident. (b) No injury, death, or property damage was suffered by any person other than the owner or operator. (c) The owner of the motor vehicle was in compliance with the owner's security requirement under Section 41-12a-301 at the time of the accident and the operator had permission from the owner to operate the motor vehicle. (d) The operator was in compliance with the operator's security requirement under Section
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