Minor in Uninsured Motorist Accident

What is the name of your state? Texas

I want to know what options a 17 year old that was at fault in an accident and did not have insurance has? The Texas DPS is going to suspend her license indefinately unless she pays the complete debt. She is not able to do that and has been offered a payment plan that it unrealistic and a financial hardship settlement offer by the collection company, but is not able to pay these huge amounts. She has had the at fault ticket and no insurance ticket wiped off her record through teen court, but she does not seem to have any options in this case. The other driver was not injured and the minor spent a week in the ICU. Are there any options for her?

071872nd said:

Are there any options for her?

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Nope. In order to have her license suspended as you describe, you apparently 'forgot' to mention that there is a judgment against her. As such, the judgment creditor has the right, under Texas law, to have the license and registration of an uninsured driver suspended until the judgment is paid in full.
Better tell her to go get a REALLY good job.... or you can loan her the money to pay the debt caused by her being an idiot.
Why should the other driver have to suffer the loss due to HER stupidity??

How do we know there was a "judgement" against her?

She has not received any notification from the other party or their insurance that there was a judgement.

If her license was suspended for violating state law it may have nothing to do with whether a judgement was filed yet, just that it is suspended until financial responsibility for the accident has been settled.

Who owns the vehicle? If it goes to court I believe the owner could also be liable (and should have had insurance to protect their interests).

efflandt said:

If her license was suspended for violating state law it may have nothing to do with whether a judgement was filed yet, just that it is suspended until financial responsibility for the accident has been settled.

Who owns the vehicle? If it goes to court I believe the owner could also be liable (and should have had insurance to protect their interests).

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You're an idiot and clearly have NO knowledge of TEXAS laws. Why not leave your random droolings to yourself and quit being an idiot!!!

071872nd said:

She has not received any notification from the other party or their insurance that there was a judgement.

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You need to READ the Texas Transportation Code, specifically:
§ 601.152. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR PRIVILEGE.
(a) Subject to Section 601.153, the department shall suspend the driver's license and vehicle registrations of the owner and operator of a motor vehicle if:
(1) the vehicle is involved in any manner in an accident; and
(2) the department finds that there is a reasonable probability that a judgment will be rendered against the person as a result of the accident.
(b) If the owner or operator is a nonresident, the department shall suspend the person's nonresident operating privilege and the privilege of use of any motor vehicle owned by the nonresident.

The DMV normally doesn't know of the noninsurance unless notified by the judgment creditor.... and to have a judgment creditor, you have to have a judgment.



Also: http://www.txdps.state.tx.us/administration/driver_licensing_control/dic.htm

http://www.txdps.state.tx.us/administration/driver_licensing_control/faq/answers_sus.htm#q18

Uninsured Crash. When the Texas Department of Public Safety (DPS) receives notice that a person has been involved in a crash that occurred on a public street or highway, which resulted in injury, death or property damages of at least $1,000.00, the uninsured driver is subject to license suspension. Texas Transportation Code 601.152, 37 Texas Administrative Code 25.3.

§ 601.152. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE
REGISTRATION OR PRIVILEGE. (a) Subject to Section 601.153, the
department shall suspend the driver's license and vehicle
registrations of the owner and operator of a motor vehicle if:
(1) the vehicle is involved in any manner in an
accident; and
(2) the department finds that there is a reasonable
probability that a judgment will be rendered against the person as a
result of the accident. (b) If the owner or operator is a nonresident, the
department shall suspend the person's nonresident operating
privilege and the privilege of use of any motor vehicle owned by the
nonresident.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

moburkes said:

Uninsured Crash.

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Echo??????

071872nd said:

What is the name of your state? Texas
I want to know what options a 17 year old that was at fault in an accident and did not have insurance has? The Texas DPS is going to suspend her license indefinately unless she pays the complete debt. She is not able to do that and has been offered a payment plan that it unrealistic and a financial hardship settlement offer by the collection company, but is not able to pay these huge amounts. She has had the at fault ticket and no insurance ticket wiped off her record through teen court, but she does not seem to have any options in this case. The other driver was not injured and the minor spent a week in the ICU. Are there any options for her?

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She learned in Drivers Ed (which she had to take because she's under the age of 18) that Texas law requires her to have auto liability insurance. She broke the law. Instead of complaining about the poor little thing losing her license indefinitely and the financial hardship it is on her to pay for the damage SHE caused, she should learn about responsibility and accountability. She gets a job. She pays her debt. She quits whining about the raw deal SHE got.

What if she would have seriously injured or killed the other people? Driving without insurance was a stupid thing to do.

Parents?

Since she is a minor, what about the parents' liability? Do not her parents become liable due to her age?

BRN2005 said:

Since she is a minor, what about the parents' liability? Do not her parents become liable due to her age?

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Yes, her parents can be sued by the damaged party in their ALLOWING their daughter to drive without insurance (negligence).

If her parents pay and they don't make her reimburse them for every last dime, shame on them. They will have added to her irresponsibility. The girl just can't shrug her shoulders and say she's too dumb and young to be held accountable. She caused this. She needs to fix it. She works at least 40 hours a week for a couple of years and takes care of her responsibility.

Oh, so she's losing the best years of her life if she has to work to pay off this debt? Too bad. She has to miss the Senior Prom because she has to work? Too bad. That's what happens when you don't do the right thing. It is absolutely unconscionable that she chose to drive without insurance then complain about the consequences.

Clarification

This is her parent and she is paying her debt for this accident. I was not looking for counseling on how to raise my child, just answers to some legal issues that I did not understand. We have been in contact with the other driver's insurance and have made arrangements to take care of this debt, but did not understand the letter received by the Texas DPS. We were not aware of a judgement or possible judgement since we have been in contact with the insurance company and have made arrangement to pay the debt. I have had trouble contacting the DPS on clarification and was hoping this site could offer some guidance.

I appreciate the responses about that issue and everyone else can keep their opinions of my child to themselves.

You may have other problems, so be prepared.

I'm making these assumptions:
1. Your daughter had a Provisional Driver's License (not a learner's permit.)
2. You had auto insurance and you did not add your daughter to the policy when she got her license.
3. She was driving your car.

If your daughter was a dependent member of your household and holding a valid Texas Driver's License (before suspension), you were obligated to notify your insurance company to add her to your auto policy as an operator (it's in your auto contract to notify them of these kinds of changes.) You may have a high probability of being cancelled by your current company.... they may not use the word fraud; but, more in line with not conforming to the terms of the contract.

She was not in my car and she was an exempt driver on my policy.