                                 CODE OF VIRGINIA

SUSPENSION FOR FAILURE TO SATISFY MOTOR VEHICLE ACCIDENT JUDGMENT; EXCEPTIONS;
INSURANCE IN LIQUIDATED COMPANY; INSURER OBLIGATED TO PAY JUDGMENT (§ 46.2-417)

A. Upon the application of any judgment creditor, the Commissioner shall suspend
the driver&#8217;s license and all of the registration certificates and license
plates of any person who has failed for 30 days to satisfy any judgment (i) in
an amount and on a cause of action as hereinafter stated in this subsection or
(ii) in an amount and on a cause of action pursuant to &#xA7; 15.2-1716 or
15.2-1716.1, immediately upon receiving an authenticated judgment order or
abstract thereof in an action for damages in a motor vehicle accident or
pursuant to &#xA7; 15.2-1716 or 15.2-1716.1, if the order or abstract is
received by the Commissioner within 10 years of the date of judgment or if the
judgment has been revived. However, if judgment is marked satisfied on the court
records on or before the Commissioner&#8217;s issuance of suspension, the order
of suspension shall be invalid.

B. The Commissioner shall not, however, suspend the license of an owner or
driver if the insurance carried by him was in a company which was authorized to
transact business in this Commonwealth and which subsequent to an accident
involving the owner or driver and prior to settlement of the claim therefor went
into liquidation, so that the owner or driver is thereby unable to satisfy the
judgment arising out of the accident.

C. The Commissioner shall not suspend the driver&#8217;s license or driving
privilege or any registration certificate, license plates, or decals under
clause (i) of subsection A or &#xA7; 46.2-418, if the Commissioner finds that an
insurer authorized to do business in the Commonwealth was obligated to pay the
judgment upon which suspension is based, or that a policy of the insurer covers
the person subject to the suspension, if the insurer&#8217;s obligation or the
limits of the policy are in an amount sufficient to meet the minimum amounts
required by &#xA7; 46.2-472, even though the insurer has not paid the judgment
for any reason. A finding by the Commissioner that an insurer is obligated to
pay a judgment, or that a policy of an insurer covers the person, shall not be
binding upon the insurer and shall have no legal 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, the Commissioner, notwithstanding any contrary
finding made by him, forthwith shall suspend the driver&#8217;s license or
driving privilege, or any registration card, license plates or decals of any
person against whom the judgment was rendered, as provided in subsection A.

D. Any suspensions timely requested by any judgment creditor under subsection A
and issued by the Commissioner shall not extend (i) beyond 10 years from the
date of judgment for any civil judgment obtained in a general district court,
unless the judgment creditor notifies the Commissioner that an extension has
been granted as provided in subdivision B 4 of &#xA7; 16.1-69.55 or (ii) beyond
20 years from the date of judgment for any civil judgment obtained in a circuit
court, unless the judgment creditor notifies the Commissioner that an extension
has been granted as provided in &#xA7; 8.01-251. The expiration of such
suspension shall not relieve the judgment debtor of complying with the
requirements of proof of financial responsibility pursuant to subsection B of
&#xA7; 46.2-411 and the reinstatement fees pursuant to subsections C and F of
&#xA7; 46.2-411 after the judgment debtor becomes eligible for restoration of
his driving privileges.

HISTORY: 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; 2013, c. 598.