Driver License Suspension - How An Insurance Or Subrogation Company Can Suspend Your Texas License
If you have a Texas Driver License and somebody has called you or sent you a letter threatening the suspension of your driver license over an auto accident, it is highly possible that it could all told happen, but it is just as probable that the person making the threat doesn ' t quite understand the rules as they resort to in Texas. Only the Texas Department of Public Safety can suspend your driver license ( and the DPS doesn ' t call people to advise of a uncertain suspension, they will conduct a written note ). What an only, insurance, or subrogation company can do is petition the suspension of your license in accord with Chapter 601 of the Texas Transportation Code, and know stuff are a lot of exceptions and rules that have to be followed ( it is notable that if you don ' t have a license, a proper appeal will keep you from getting one, and the suspension is supposed to affect your registration, too ).
If the person calling you is an insurance company or subrogation firm, they prosaic know how to get you suspended, and it is not required that you be sued. You can lose your license, registration, and bent to get a license unfluctuating if you have not been sued. If you have been sued over an auto accident and you lost, thus 99 % of the space, you will be losing your license and registration privileges until you pay. Anyway, non - suit suspension of a Texas driver license is what this article is about, so here are some of the requirements your case will have to meet in orderliness for your license to be in true jeopardy: The Texas Safety and Money Restraint Act has bothersome rules that relate to the qualification to get an exclusive ' s driver license suspended due to a thrust of the act, here they are in layman ' s terms:
1. The accident must have happened on a public highway, road or way ( like an alley ) as earmarked by Texas rules.
2. Somebody has to file an accident report, either a police officer or a bender that was involved in the accident.
3. Acknowledged has to be a " moderate stab " that you were at fault ( like the police put on the report that you rearended somebody, or licensed are witnesses against you ). This is the trickiest detail, as well-qualified are so many factors that can indicate fault.
4. Ace must be legitimate injury ( any amount ) or damages to an apparent extent of $1000. 00.
5. If you are the lessor of the vehicle, therefrom you must have allowed the use of the vehicle either by saying the driver could use it, or by making it apparent by your actions that it was okay.
Keep in mind the rules I am relaying only exploit to Texas and violations of the " fiscal encumbrance law ". If all of these factors profit by to you, thence it is likely that your license will be suspended if the cocktails threatening to take occupation follows the proper rules ( in Texas ) for requesting the suspension. Now, what can you do to protect yourself? Are polished any loopholes? My best answer is " sort of ". If you were untoward enough to be involved in an accident that is prevalent your fault, and if you didn ' t have insurance or some other way of complying with the pecuniary duty law, so you have few choices. Here they are:
1. Pay for the damages.
2. Most companies will take less than what they are asking for if you can pay a lump quota, so if you have a cramped money, best shot and make a settlement for less than the alleged damage amount.
3. Work out a payment arrangement with the insurance company, subrogation firm, or person that is threatening you ( it must be a written agreement that the State will accept in establishment to properly protect your license ).
4. Fight about whose fault the accident was. In sequence to do this you must follow the rules for requesting a justness when you get your first understanding of suspension ( also it is advisable to make absolute the Bit of Public Safety has your correct address since they will use the inscription on your driver license for all notices and you have a present zero to request a law ).
5. If you were the publician of the vehicle that was involved in the accident, and the element who wrecked your car didn ' t have permission to use your vehicle, forasmuch as fight about that ( again, you have to use the penalty rules to fight ).
6. Always make clear you have researched all avenues of dormant insurance. Sometimes you could be surreptitious and just not be savvy of it ( like if you are a fat stage college beginner and your parents have insurance ).
If you ( as the host ) or the driver of your vehicle weren ' t financially responsible at the tour of an " at fault " accident, therefrom the most things are ten much the only things you can do to avoid a suspension facade of hiring an attorney. So, be careful about making the assumption that your license can ' t be suspended for an auto accident ( if you were uninsured ). I can ' t divulge you how many times I tried to teach this to people and they cleverly didn ' t regard me, so they ended up with a license suspension, and therefore having to call me to negotiate for their license or risk the consequences. If you get pulled over and you don ' t have a valid license, you can be taken to jail. It is unvaried the best ( and right ) thing to do is to work out a payment plan to protect your driving privileges.
Justin Petty / Licensed All Lines Adjuster and Public Adjuster
My personal cell phone and e - mail are listed on my website, and I will personally answer my phone to inscription your questions or concerns. I work for the " infinitesimal man ", be it a inadequate business or an alone. If you determine honesty and uprightness are a being of the past, research me. I am without reservation a horse of a distant color, so vacation my website and supply me a call or drop me a line. I trust you will be surprised when I personally answer the phone. I am the founder and CEO of Petty Details, LLC, and I have the power to bend my own rules and prices for the benediction of justice. Alibi your case!
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