Minor in Uninsured Motorist Accident

[Country Living]

You had a Named Driver Exclusion for her on your policy? Did the owner of the car she was driving not have insurance?

 

[moburkes]

Echo??????

No echo. You stated something about ajudgment. I was stating that an uninsured crash can get your license suspended without a judgment. That's all. The first part, you hadn't included in your post. The 2nd part, you had included in your post.

 

[JETX]

No echo. You stated something about ajudgment. I was stating that an uninsured crash can get your license suspended without a judgment. That's all. The first part, you hadn't included in your post. The 2nd part, you had included in your post.

But see... your ignorance in Texas law is showing. In order for a license to be suspended as you indicate, the DMV/DPS must be notified of the accident and violation. That doesn't happen usually until either conviction of the violation... or notice to the DPS of the outstanding judgment (by the judgment creditor). It is possible in EXTREME circumstances for the uninsured license to be suspended without a judgment... but it is rare. In fact, I have seen it happen in less than 1% of the cases I have seen.

 

[moburkes]

But see... your ignorance in Texas law is showing. In order for a license to be suspended as you indicate, the DMV/DPS must be notified of the accident and violation. That doesn't happen usually until either conviction of the violation... or notice to the DPS of the outstanding judgment (by the judgment creditor). It is possible in EXTREME circumstances for the uninsured license to be suspended without a judgment... but it is rare. In fact, I have seen it happen in less than 1% of the cases I have seen.

I was going by the original post in which it said:

The Texas DPS is going to suspend her license indefinately unless she pays the complete debt.

Maybe I assumed too much, but I assumed that they were already notified.

 

[acmb05]

But see... your ignorance in Texas law is showing. In order for a license to be suspended as you indicate, the DMV/DPS must be notified of the accident and violation. That doesn't happen usually until either conviction of the violation... or notice to the DPS of the outstanding judgment (by the judgment creditor). It is possible in EXTREME circumstances for the uninsured license to be suspended without a judgment... but it is rare. In fact, I have seen it happen in less than 1% of the cases I have seen.

I take it Texas has not passed the law yet that states. If you are involved in an accident that causes over a specific value in damages(here it is $500) that you must submit a form to the DMV within 10 days showing proof of insurance and if you do not your license is automatically suspended?

 

[JETX]

I take it Texas has not passed the law yet that states. If you are involved in an accident that causes over a specific value in damages(here it is $500) that you must submit a form to the DMV within 10 days showing proof of insurance and if you do not your license is automatically suspended?

Thats correct. There is NO such requirement in law in Texas. Texas does have a 'required' accident report form (used to be the ST-2, now CRB-2) and yes, it asks for insurance information but, in reality, the form is very seldom actually filed... and even when filed, not really looked at (it is for accident tracking purposes), and even less is the insurance actually verified at the city or state level. And even less likely that the DMV/DPS would actually take any action from it. Heck, the statute even leaves it up to some unknown to determine if a judgment MIGHT be rendered.
By far, the majority of cases where uninsured drivers have license suspended is on petition by the judgment creditor.... AFTER the judgment is rendered.

BTW, a copy of the current Texas DPS accident form can be found at:
http://www.ci.el-paso.tx.us/police/_documents/st2.pdf