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Car Accident while a minor


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#1 azenette93

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Posted 07 February 2013 - 08:53 PM

In Texas:
3 years ago I was involved in a car accident while driving my mother's car. Needless to say, my mom had full coverage insurance but it did not cover anything for mom's car nor the other party involved due to I was not a party noted in mom's insurance as a listed approved driver. I also did not have a drivers license yet.

I am now 20 with a license but has been recently suspended due to an "order of suspension" submitted because of failing to satisfy a judgment rendered against me upon a cause of action for damages arising out of the motor vehicle accident mentioned previously. My question is, can a driver's license that I did not have at the time of the accident, be suspended after getting one? Also, what can I do to remedy this?

#2 LegalwriterOne

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Posted 07 February 2013 - 10:19 PM

Yes and you won't get your license back until that judgment is satisfied.

#3 adjusterjack

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Posted 08 February 2013 - 07:19 AM

In Texas:
3 years ago I was involved in a car accident while driving my mother's car. Needless to say, my mom had full coverage insurance but it did not cover anything for mom's car nor the other party involved due to I was not a party noted in mom's insurance as a listed approved driver. I also did not have a drivers license yet.


Were you a member of her household at the time of the accident?

Did you drive the car with her permission or not?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 pg1067

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Posted 08 February 2013 - 07:20 AM

can a driver's license that I did not have at the time of the accident, be suspended after getting one?


You said yourself that your "license [was] recently suspended." Doesn't it therefore seem rather obvious that it can be suspended?

If your intent was to ask whether the suspension is legal, of course it is. First of all, it's not technically your license that was suspended; rather, it is your privilege to drive that is suspended. Second, at the time of the accident, you apparently were not only uninsured but also unlicensed. That you were driving illegally to begin with does not somehow exempt you from the consequences of your actions. That would be pretty silly, don't you think?


what can I do to remedy this?


You will need to make arrangements to pay the judgment or seek to have it discharged in bankruptcy.

#5 azenette93

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Posted 08 February 2013 - 09:38 AM

@adjusterjack Yes I was a member of the household at that time, and I was driving her car with permission. Does it make a difference whether I was driving it with permission or not?

#6 Guest_FindLaw_Amir_*

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Posted 08 February 2013 - 10:13 AM

Have you contacted the Texas Department of Motor Vehicles to address this concern?

#7 pg1067

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Posted 08 February 2013 - 11:06 AM

@adjusterjack Yes I was a member of the household at that time, and I was driving her car with permission. Does it make a difference whether I was driving it with permission or not?


You said that your mother "had full coverage insurance but it did not cover anything for mom's car nor the other party involved due to I was not a party noted in mom's insurance as a listed approved driver."

I believe it is generally the case -- and I believe this is what "adjusterjack" was getting at by his questions -- that most auto liability policies provide coverage for injuries to third persons and property of third persons caused as a result of the negligence of an "insured," and that most policies define an "insured" to be the named insured (i.e., the specific person to whom the policy was issued) and any member of the named insured's household driving a covered vehicle with the named insured's permission (unless a particular person is expressly excluded under the terms of the policy).

With the foregoing in mind, you and your mother might want to take another look at her policy that was in effect at the time of the accident.

#8 adjusterjack

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Posted 08 February 2013 - 11:12 AM

@adjusterjack Yes I was a member of the household at that time, and I was driving her car with permission. Does it make a difference whether I was driving it with permission or not?


It might.

If you were driving without permission, then the insurance company would have been right to disclaim coverage because of the policy limitations.

If you were driving with permission the insurance company may have had a right to disclaim coverage if your mother concealed your driving from the insurance company.

However, that gets rather complicated and all of the circumstances and the policy should be examined by an attorney who specializes in going after insurance companies for breach of contract and bad faith.

An attorney who has a successful track record going up against insurance companies might be able to scare the insurance company into providing coverage.

No guarantees there but the Statute of Limitations in TX for breach of contract is 4 years so you still have time to have this looked into.

Google something like "insurance bad faith attorney" for your city.

PG1067 got the post in while I was writing mine and is correct but there is the additional issue of misrepresentation or concealment, a provision of virtually every insurance policy.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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