Austin, TX asked in Car Accidents for Texas

Q: hello, my driver license is suspended by the state because of a accident that happened 11 years ago. what do i need to d

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1 Lawyer Answer
Doug Goyen
Doug Goyen
PREMIUM
Answered
  • Personal Injury Lawyer
  • Addison, TX
  • Licensed in Texas

A: You need to contact the Texas Department of Public Safety if this is a driver's license suspension in Texas. There is a page on their website that covers what to do in the case of an auto accident suspension due to no insurance. See: https://www.dps.texas.gov/section/driver-license/faq/section-16-crashjudgment

If your license was suspended because you had no insurance to cover the damages, most often this is from the other driver's auto insurance company that decided to subrogate against you (collect the amount they paid), and when they did not get any insurance information from you (or no payment from you), they notified the Texas DPS to have your license suspended.

Check for Judgment: If this is a no insurance car crash suspension, you need to see if they ever actually took a judgment against you for the damages in the accident. It would be in the county where the accident happened most likely, or possibly in the county where you lived at the time. The Texas DPS should have something filed with them showing the amount the insurance company claims you owe.

1) If no judgment: If there is no judgment and it has been over 2 years since the accident (which your case is over 10 years old from what your question states), the Texas DPS allows you to file a SR-60 to reinstate your license. The SR-60 is an affidavit stating you have no judgment against you for the particular case, and no pending lawsuits either, and it has been over 2 years since the accident. SR-60: https://www.dps.texas.gov/InternetForms/Forms/SR-60.pdf

2) If judgment is over 10 years old and "Dormant": If there is a judgment, and the judgment is over 10 years old, and the insurance company has not "renewed" the judgment (Something that must be done every 10 years to keep a judgment active), you can file an Affidavit of Dormant Judgment with the Texas DPS:

SR-88: https://www.dps.texas.gov/internetforms/Forms/SR-88.pdf

3) If the judgment has been renewed and not "Dormant", and you still owe the judgment you have a couple options. First, get a copy of the suspension notice from the Texas DPS to see what is owed - check the DPS DL eligibility page here: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do ; The amount owed should be documented with the Texas DPS.

Find out the amount owed and you can, a) pay the judgment if you are able and have the insurance company representative sign an SR-11: https://www.dps.texas.gov/InternetForms/Forms/SR-11.pdf, or b) set up an installment agreement with the insurance company and file an SR-19: https://www.dps.texas.gov/InternetForms/Forms/SR-19.pdf

4) If the judgment is for an amount that you cannot pay due to the amount, you can explore getting the judgment discharged in bankruptcy. You will need to contact a bankruptcy lawyer for this.

Good luck.

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