§ 46.2-417. Suspension for failure to satisfy motor vehicle accidentjudgment; exceptions; insurance in liquidated company; insurer obligated topay judgment.
A. Upon the application of any judgment creditor, the Commissioner shallsuspend the driver's license and all of the registration certificates andlicense plates of any person who has failed for 30 days to satisfy anyjudgment (i) in an amount and on a cause of action as hereinafter stated inthis subsection or (ii) in an amount and on a cause of action pursuant to §§15.2-1716 or 15.2-1716.1, immediately upon receiving an authenticatedjudgment order or abstract thereof in an action for damages in a motorvehicle accident or pursuant to §§ 15.2-1716 or 15.2-1716.1, if the order orabstract is received by the Commissioner within 10 years of the date ofjudgment or if the judgment has been revived. However, if judgment is markedsatisfied on the court records on or before the Commissioner's issuance ofsuspension, the order of suspension shall be invalid.
B. The Commissioner shall not, however, suspend the license of an owner ordriver if the insurance carried by him was in a company which was authorizedto transact business in this Commonwealth and which subsequent to an accidentinvolving the owner or driver and prior to settlement of the claim thereforwent into liquidation, so that the owner or driver is thereby unable tosatisfy the judgment arising out of the accident.
C. The Commissioner shall not suspend the driver's license or drivingprivilege or any registration certificate, license plates, or decals underclause (i) of subsection A of this section or § 46.2-418, if the Commissionerfinds that an insurer authorized to do business in the Commonwealth wasobligated to pay the judgment upon which suspension is based, or that apolicy of the insurer covers the person subject to the suspension, if theinsurer's obligation or the limits of the policy are in an amount sufficientto meet the minimum amounts required by § 46.2-472, even though the insurerhas not paid the judgment for any reason. A finding by the Commissioner thatan insurer is obligated to pay a judgment, or that a policy of an insurercovers the person, shall not be binding upon the insurer and shall have nolegal effect whatever except for the purpose of administering this article.Whenever in any judicial proceeding it is determined by any final judgment,decree, or order that an insurer is not obligated to pay the judgment, theCommissioner, notwithstanding any contrary finding made by him, forthwithshall suspend the driver's license or driving privilege, or any registrationcard, license plates or decals of any person against whom the judgment wasrendered, as provided in subsection A of this section.
(Code 1950, § 46-430; 1958, c. 541, § 46.1-442; 1973, c. 394; 1974, cc. 49,360; 1984, c. 780; 1988, c. 860; 1989, c. 727; 1992, c. 109; 2004, c. 998.)
§ 46.2-417. Suspension for failure to satisfy motor vehicle accidentjudgment; exceptions; insurance in liquidated company; insurer obligated topay judgment.
A. Upon the application of any judgment creditor, the Commissioner shallsuspend the driver's license and all of the registration certificates andlicense plates of any person who has failed for 30 days to satisfy anyjudgment (i) in an amount and on a cause of action as hereinafter stated inthis subsection or (ii) in an amount and on a cause of action pursuant to §§15.2-1716 or 15.2-1716.1, immediately upon receiving an authenticatedjudgment order or abstract thereof in an action for damages in a motorvehicle accident or pursuant to §§ 15.2-1716 or 15.2-1716.1, if the order orabstract is received by the Commissioner within 10 years of the date ofjudgment or if the judgment has been revived. However, if judgment is markedsatisfied on the court records on or before the Commissioner's issuance ofsuspension, the order of suspension shall be invalid.
B. The Commissioner shall not, however, suspend the license of an owner ordriver if the insurance carried by him was in a company which was authorizedto transact business in this Commonwealth and which subsequent to an accidentinvolving the owner or driver and prior to settlement of the claim thereforwent into liquidation, so that the owner or driver is thereby unable tosatisfy the judgment arising out of the accident.
C. The Commissioner shall not suspend the driver's license or drivingprivilege or any registration certificate, license plates, or decals underclause (i) of subsection A of this section or § 46.2-418, if the Commissionerfinds that an insurer authorized to do business in the Commonwealth wasobligated to pay the judgment upon which suspension is based, or that apolicy of the insurer covers the person subject to the suspension, if theinsurer's obligation or the limits of the policy are in an amount sufficientto meet the minimum amounts required by § 46.2-472, even though the insurerhas not paid the judgment for any reason. A finding by the Commissioner thatan insurer is obligated to pay a judgment, or that a policy of an insurercovers the person, shall not be binding upon the insurer and shall have nolegal effect whatever except for the purpose of administering this article.Whenever in any judicial proceeding it is determined by any final judgment,decree, or order that an insurer is not obligated to pay the judgment, theCommissioner, notwithstanding any contrary finding made by him, forthwithshall suspend the driver's license or driving privilege, or any registrationcard, license plates or decals of any person against whom the judgment wasrendered, as provided in subsection A of this section.
(Code 1950, § 46-430; 1958, c. 541, § 46.1-442; 1973, c. 394; 1974, cc. 49,360; 1984, c. 780; 1988, c. 860; 1989, c. 727; 1992, c. 109; 2004, c. 998.)
§ 46.2-417. Suspension for failure to satisfy motor vehicle accidentjudgment; exceptions; insurance in liquidated company; insurer obligated topay judgment.
A. Upon the application of any judgment creditor, the Commissioner shallsuspend the driver's license and all of the registration certificates andlicense plates of any person who has failed for 30 days to satisfy anyjudgment (i) in an amount and on a cause of action as hereinafter stated inthis subsection or (ii) in an amount and on a cause of action pursuant to §§15.2-1716 or 15.2-1716.1, immediately upon receiving an authenticatedjudgment order or abstract thereof in an action for damages in a motorvehicle accident or pursuant to §§ 15.2-1716 or 15.2-1716.1, if the order orabstract is received by the Commissioner within 10 years of the date ofjudgment or if the judgment has been revived. However, if judgment is markedsatisfied on the court records on or before the Commissioner's issuance ofsuspension, the order of suspension shall be invalid.
B. The Commissioner shall not, however, suspend the license of an owner ordriver if the insurance carried by him was in a company which was authorizedto transact business in this Commonwealth and which subsequent to an accidentinvolving the owner or driver and prior to settlement of the claim thereforwent into liquidation, so that the owner or driver is thereby unable tosatisfy the judgment arising out of the accident.
C. The Commissioner shall not suspend the driver's license or drivingprivilege or any registration certificate, license plates, or decals underclause (i) of subsection A of this section or § 46.2-418, if the Commissionerfinds that an insurer authorized to do business in the Commonwealth wasobligated to pay the judgment upon which suspension is based, or that apolicy of the insurer covers the person subject to the suspension, if theinsurer's obligation or the limits of the policy are in an amount sufficientto meet the minimum amounts required by § 46.2-472, even though the insurerhas not paid the judgment for any reason. A finding by the Commissioner thatan insurer is obligated to pay a judgment, or that a policy of an insurercovers the person, shall not be binding upon the insurer and shall have nolegal effect whatever except for the purpose of administering this article.Whenever in any judicial proceeding it is determined by any final judgment,decree, or order that an insurer is not obligated to pay the judgment, theCommissioner, notwithstanding any contrary finding made by him, forthwithshall suspend the driver's license or driving privilege, or any registrationcard, license plates or decals of any person against whom the judgment wasrendered, as provided in subsection A of this section.
(Code 1950, § 46-430; 1958, c. 541, § 46.1-442; 1973, c. 394; 1974, cc. 49,360; 1984, c. 780; 1988, c. 860; 1989, c. 727; 1992, c. 109; 2004, c. 998.)
