It is possible for a Texas Driver License to be suspended if someone calls or sends you a letter inthreatening you with suspension. However, it is also possible that the person who threatened you doesn’t really understand Texas laws. Only the Texas Department of Public Safety has the authority to suspend your driver’s license. The DPS will not call you to inform them of a suspension in progress, but they will send a notice by mail. A person, insurance company or subrogation agency can request the suspension of your driving license. This is in accordance to Chapter 601 (Texas Transportation Code).
If they call you from an insurance company, or subrogation agency, they will likely know how to suspend you. It is not necessary that you are sued. Even if you are not being sued, your license, registration and ability to obtain a license can be suspended. If you are sued for an auto accident, and lose, then you can lose your license, registration, and ability to get a new one until you pay. This article is not about the suit suspension of a Texas driver’s license. Here are the requirements you will need to satisfy in order to have your license in jeopardy. The Texas Safety and Financial Responsibility Act contains strict rules regarding the ability to suspend a driver’s license for violating the act.
1. According to Texas rules, the accident must have occurred on a highway, road, or other public way.
2. An accident report must be filed by someone, whether it’s a police officer or an individual who was directly involved in the accident.
3. The “reasonable possibility” that you were responsible must exist (e.g., the police have reported that you rearended somebody or that there are witnesses against your. This is the hardest part. There are many factors that could indicate fault.
4. You must sustain bodily injury (any amount) and damages up to $1000.00.
5. If you are the owner, you must allow the driver to use the vehicle.
These rules only apply to Texas, and I will not be referring to violations of the “financial accountability law”. If any of these factors are true, your license may be suspended. This is if the party that threatens to take legal action follows the Texas rules. What can you do now to protect yourself? Do you know of any loopholes? I would say “sort of”. If you were unfortunate enough be in an accident which is likely your fault and you didn’t have any insurance or other means to comply with the financial responsibility law you have few options. These are your options:
1. Make sure you pay for the damage.
2. Many companies will offer less if you can afford a lump amount. If you don’t have the money to make a settlement, consider settling for less than your alleged damage amount.
3. To properly protect your license, make a payment arrangement (either with an insurance company, subrogation company, or someone else)
4. Fighting over who was at fault for the accident. You must follow these rules to request a hearing.
5. If you were the car owner in an accident that resulted in your vehicle being damaged, and that person didn’t have permission for your vehicle to be used, then you should fight them (again, you must follow the hearing rules).
6. Make sure that you’ve researched all options for insurance. Sometimes you might not know that you have insurance.
If you, as the owner of the vehicle, or the driver of the vehicle were not financially responsible for an accident that was “at fault”, then these are the only options to avoid suspension. Be careful not to assume that your license cannot be suspended due to an auto accident. I don’t know how many times I tried explaining this to people. They didn’t believe me so I ended up suspending their license and having to call me to get their license back. If you’re pulled over for not having a valid driver’s license, you could be sent to jail. To protect your driving privileges, it is best to make a payment plan.
