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Unread 01-30-2003, 12:47 PM   #17
airspirit
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Join Date: Jul 2002
Location: Moscow, ID
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The Department receives information on all collisions occurring in Washington State from the Washington State Patrol (WSP). If the property damage is more than $700.00 or there was an injury, the Department reviews the information to determine if one or more of the drivers was/were uninsured, and if there is a reasonable possibility of a judgment being filed against an uninsured driver. If there appears to be a reasonable possibility of a judgment being filed against the uninsured driver, the Department will then mail a notice to the injured party(s) requesting further information as to the amount of damages and injuries. Often, this information is provided in the form of a subrogation letter from the insured driver's insurance company.

If the department has received the necessary information within 180 days from the date of the collision, the department will create case file with this information, and will initiate suspension action against both the driver and owner of the uninsured vehicle. The Department will mail suspension notices to both the driver and owner of the vehicle, and allow sixty (60) days for the driver and/or owner to satisfy the damages from the collision.

To avoid the suspension action, the uninsured driver/owner may do any of the following:

1. Provide proof of insurance in effect at the time of collision;
2. Provide a signed release from all persons involved releasing the driver/owner from claim from the collision;
3. Provide a copy of a written agreement, with all persons seeking reimbursement, and includes the settlement amount and signature of all persons making the agreement;
4. Provide proof that security has been deposited in the amount of damages from the collision and proof of financial responsibility for the future;
5. Provide a certified copy of a civil court decision showing that the uninsured driver/owner were not liable for claims.

The driver and/or owner may appeal the suspension of their driving privilege and request an interview with a Hearing Officer to review the details of the incident and any supporting documentation.

If the driver and/or owner do not respond nor satisfy the requirements, the suspension of the driving privilege will be become effective.

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This is from the WA DMV site. They did not provide adequate notice as listed in their guidelines before suspending my license. The action we were going to take was listed in item (5) of this quote, but she never initiated any action in court. As I was not properly notified of any impending action, they couldn't lawfully revoke my license. They have no excuse for sending the information out to a known invalid address. I'm going to pull the exact reference passages from the RCW and I think this will go away very quickly. This isn't a case of ignorance of the law, this was a case of the law being ignorant.
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