Sugar Land, TX asked in Traffic Tickets and Civil Litigation for Texas

Q: I got a letter for my license being suspended if I don’t pay for the incident. I have 20 days to respond I’m unsure what

I got a letter from the TEXAS DPS about wanting to suspend my license due to an accident for no insurance but I had insurance just did not activate on time. The insurance company wants to sue me but I’m 20 and didn’t work for months and they are asking for big numbers that I can’t afford and won’t cooperate. I can’t find a lawyer in houston that can help me with this. I would like any help

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Your driver license can be suspended under the Texas Safety Responsibility Act if you meet the following criteria:

1. You were involved in an automobile crash;

2. The investigating officer lists contributing factors that indicate you were responsible;

3. You did not have automobile insurance at the time of the crash; and

4. The crash resulted in injury, death, and/or property damage of $1,000 or more.

To reinstate your license after a judgement suspension, you must pay the required $100 Reinstatement fee, any other outstanding fees and submit one of the following documents to the Department:

1. Evidence of liability insurance at the time of the crash,

2. A Notarized Release (SR-11) from liability of judgment,

3. A properly executed Installment Agreement (SR-19) (if the Department receives notice that you have defaulted on the installment agreement then your driver license is subject to suspension), or

4. Deposit of a cashier's check or money order, and submission of a Financial Responsibility Insurance Certificate (SR-22) as proof of liability insurance, and a SR-22a which certifies the policy is pre-paid for a period of at least six-months.

Your statement that you had liability insurance at the time of the crash but it was not "activated" is non-sensical. Whoever is telling you that the policy has to be "activated" is incorrect.

Either you had liability insurance at the time of the crash or you did not. Your liability insurance policy and insurance card state the dates covered by the policy usually as the "policy period" on the policy declarations or "dates of coverage." If your crash happened during that time period, it is covered by your liability insurance; there is no "activation" required.

You should submit a copy of your entire liability insurance policy including the declarations and your insurance card to Texas DPS to prove that you actually did have insurance coverage on the date of the crash.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Traffic Tickets Lawyer
  • Sacramento, CA

A: If you received a letter from the Texas Department of Public Safety (DPS) threatening to suspend your license due to an accident without insurance, it's important to take the situation seriously and respond within the given timeframe of 20 days. Even if you had insurance that wasn't activated on time, driving without insurance is typically a violation of the law. The insurance company may have the right to sue you for damages incurred in the accident. If you're unable to afford the amount being sought and are having trouble finding a lawyer in Houston, consider reaching out to local legal aid organizations or bar associations for assistance. Review the letter from the Texas DPS carefully and contact them directly to address any concerns or questions you may have.

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