Results 1 to 2 of 2
  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Uninsured Motorist Court Judgement Suspension

    My question involves a driver's license issued by the State of: Maryland

    An uninsured vehicle I owned was in an accident - I was not the driver
    A court awarded a judgement to the other person's insurance company
    I am unemployed and cannot pay the judgement in full - approx. $12,000
    MVA suspended my license and vehicle registration.
    I have tried to offer them (Ins. co. attorneys) payments - but they refused

    What are my options?

    Will personal bankruptcy filing wipe out the judgement - allowing me to get my license and vehicles registration restored?

    And it gets better - I drove on my suspended license until I got caught. No moving violation - a routine tag scan by an officer.

    Now what??

    Obviously if I am asking here, and considering bankruptcy - I can't afford $100's ($1000's) of dollars for a lawyer.

    Thanks - in advance

    GA

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Uninsured Motorist Court Judgement Suspension

    Should we infer that, when named to the lawsuit over this accident, you chose to default?

    Per statute,
    Quote Quoting Maryland Statutes 17-207. Duration of suspension
    A license or registration suspended under this subtitle shall remain suspended and may not be renewed or reissued, and a new or original license or registration may not be issued to the judgment debtor until the judgment:

    (1) Is stayed;

    (2) Is satisfied; or

    (3) Is subject to one of the exceptions stated in 17-206 or 17-209 of this subtitle.
    Quote Quoting Maryland Statutes 17-206. Suspension of license and registration on nonpayment of judgment -- Exception as to judgment that insurer was obligated to pay
    (a) General rule. --

    (1) The Administration may not suspend a license or registration under this subtitle if the Administration finds that an insurer was obligated to pay the judgment, at least to the extent and amounts required by the Maryland Vehicle Law, even if the judgment has not been paid for any reason.

    (2) A finding by the Administration that an insurer was obligated to pay a judgment does not bind the insurer and, except for administering the provisions of this section, has no legal effect.

    (3) Notwithstanding any finding by the Administration, paragraph (1) of this subsection does not apply if, in a judicial proceeding, a court determines by a final order or decree that the insurer is not obligated to pay the judgment.

    (b) When insurer goes into insolvency, reorganization, or liquidation. -- The Administration may not suspend a license or registration under this subtitle if:

    (1) The judgment debtor or the vehicle to which the judgment relates was insured by an insurer that was authorized to do business in this State;

    (2) After the accident involving the owner or driver and before settlement of the claim, the insurer went into insolvency, reorganization, or liquidation; and

    (3) As a result of the insolvency, reorganization, or liquidation, no benefit, other than benefits used exclusively towards satisfying the judgment, accrued to the owner or driver by reason of the insurance.
    Quote Quoting Maryland Statutes 17-209. Installment payment of judgment
    (a) Application for and court order permitting installments. -- On due notice to the judgment creditor, a judgment debtor may apply to the court that rendered the judgment for the privilege of paying the judgment in installments. In its discretion, the court may order payment of the judgment in installments and may set and modify from time to time the amounts and times of the installment payments.

    (b) Reinstatement of suspension on order permitting installments. -- If the judgment debtor obtains an order permitting payment of the judgment in installments:

    (1) The Administration shall reinstate any license or registration of the judgment debtor suspended under this subtitle; and

    (2) As long as the installment payments are not in default, the Administration may not suspend the license or registration of the judgment debtor under this subtitle.

    (c) Duties of Administration on default in installments. --

    (1) On notice that the judgment debtor has failed to pay any installment as specified in the order, the Administration shall suspend:

    (i) The license to drive of the judgment debtor; and

    (ii) The registration of all vehicles owned by the judgment debtor and registered in this State.

    (2) Except as provided in subsection (d) of this section, the license and registration shall remain suspended until the judgment is satisfied as provided in this subtitle.

    (d) Application for resumption of installments in default. -- Except as provided for in subsection (e) of this section, after default and on due notice to the judgment creditor, if past-due installments have been paid, the judgment debtor again may apply to the court that allowed the installment payments for the resumption of the privilege of installment payments. In its discretion, the court may order resumption of the installment payments as provided in subsection (a) of this section.

    (e) Requirements for resumption of suspended privilege. -- A judgment debtor under Title 20, Subtitle 6 of the Insurance Article who has been suspended at least 3 times under subsection (c) of this section may not resume the privilege of installment payments unless:

    (1) The Fund receives payment in an amount satisfactory to the Fund; and

    (2) The Fund consents to the resumption of installment payments.

    (f) Rights of judgment creditor. -- The actions of a court under this section are without prejudice to any other legal remedy of the judgment creditor.

    1. Sponsored Links
       

Similar Threads

  1. Auto Insurance: Hit by an Uninsured Motorist
    By darkstager in forum Insurance Law
    Replies: 1
    Last Post: 05-12-2009, 11:02 PM
  2. Traffic Accidents: Uninsured At-Fault Motorist Rear-Ended an Insured Motorist
    By akashra in forum Accidents and Injuries
    Replies: 1
    Last Post: 10-13-2007, 09:54 PM
  3. Auto Insurance: Husband Hit By Uninsured Motorist In My Car, Which Was Also Uninsured, in Colorado
    By Fuzzypinklady1 in forum Insurance Law
    Replies: 1
    Last Post: 07-31-2007, 10:25 PM
  4. Auto Insurance: An uninsured motorist hit my car
    By wbeck214 in forum Insurance Law
    Replies: 1
    Last Post: 01-11-2006, 05:55 PM
  5. Auto Insurance: Uninsured motorist hit me.
    By jharvey216 in forum Insurance Law
    Replies: 4
    Last Post: 02-08-2005, 12:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources