§ 11938 Affidavit Relieve Suspension

This law lets a person whose driver’s license is suspended (or about to be) get the suspension lifted by filing a sworn statement that shows they had insurance, that the insurer should pay the court’s judgment, and why the insurer hasn’t paid yet.

Key Takeaways

•You can end a license suspension by filing an affidavit with the director.
•The affidavit must say you were insured when the incident happened.
•It must also say the insurer is responsible for paying the judgment.
•You must explain why the insurer hasn’t paid yet.

Example

Jane gets a traffic ticket that turns into a court judgment. The court says she must pay $2,000. Her insurance says the accident isn’t covered, so she doesn’t pay and her license gets suspended. Jane files the required affidavit saying she had insurance at the time, the insurer owes the money, and explains why the insurer hasn’t paid. The director then removes her suspension.

By telling the director she was insured, that the insurer should cover the judgment, and why the insurer hasn’t paid, Jane follows the law and can get her license back.

Any person whose license has been suspended, is about to be suspended, or becomes subject to suspension pursuant to this article, may relieve himself from the suspension by filing with the director an affidavit which states all of following: (a) That at the time of the incident upon which the judgment was rendered he was insured. (b) That the insurer is liable to pay the judgment. (c) The reason, if known, why the insurance company has not paid the judgment. (Enacted by Stats. 1967, Ch. 15.)

Key Takeaways

•You can end a license suspension by filing an affidavit with the director.
•The affidavit must say you were insured when the incident happened.
•It must also say the insurer is responsible for paying the judgment.
•You must explain why the insurer hasn’t paid yet.

Example

By telling the director she was insured, that the insurer should cover the judgment, and why the insurer hasn’t paid, Jane follows the law and can get her license back.

Key Takeaways

Example

Key Terms

References

§ 11938 Affidavit Relieve Suspension

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References