Upon the expiration of three years from the date of the accident resulting in the security requirement, any security remaining on deposit shall be returned to the person who made such deposit or to his or her personal representative if an affidavit or other evidence satisfactory to the department has been filed with it:

     (1) That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made, and

     (2) That there does not exist any unpaid judgment rendered against any such person in such an action.

     The foregoing provisions of this section shall not be construed to limit the return of any deposit of security under any other provision of this chapter authorizing such return.

[2010 c 8 § 9037; 1981 c 309 § 5; 1963 c 169 § 23.]