Reader’s Question:

I have a question about non owners policy. If the driver has a non-owners insurance policy and was at fault in an accident, which insurance coverage is considered primary for third party damage or liability?

Dallas, TX

According to the Texas Insurance Commissioner’s information sheet on the pros and cons of this non-owners insurance states that named non-owner policy is always in excess of the liability coverage purchased by the owner of the vehicle being driven. Therefore if you got involved in an accident, the car owner’s liability insurance pays first, up to the limits of the car owner’s policy. The non-owner policy comes into picture only if the cost of property damage and/or injuries goes over the limits of the car owner’s liability policy.

This may vary in other States but generally in Dallas the owner of the car’s insurance is primary and the driver’s insurance, non-owners or other type of insurance policy, is secondary or excess regarding third party liability or damage.

Tags: auto insurance, automobile, non owners insurance

Reader’s Question:

How long do you have to pay the surcharge in the state of Texas? Can you explain what the surcharge please.

Roy

Dallas, TX

Under the Points System Surcharge, points are evaluated to moving violations classified by Texas as class C misdemeanors. The TX Department of Public Safety will evaluate a surcharge when the motorist accumulates a total of six points or more on their driving record in a three year period. The motorist must pay a $100 surcharge for the first six points and $25 for each additional point.

The TX Department of Public Safety will do an annual assessment on the anniversary date of the original surcharge notice. This includes reviewing the driver’s record and determining if the motorist still meets surcharge requirement factor. If the record reflects the motorist had six or more points in the previous thirty six months, then the motorist must pay the surcharge again.

Tags: auto insurance

Reader’s Question:

How many points have to be on my MVR in the state of Texas before they will suspend my drivers license in Dallas?

Jim

Dallas, TX

In the state of Texas your drivers license will be suspended if you have what they call as “habitual traffic violator”. This means that a person who receives four or more moving infractions in a period of 12 months or has seven or more moving infractions in a period of months. If you are convicted of this many infractions you may expect that your drivers license will be suspended.

You can verify with Texas Department of Public Safety website at www.txdps.state.tx.us to check if there is also a point limit or just the number of infraction convictions.

Tags: auto insurance, autos

Reader’s Question:

When I was arrested last year, I was not made known of my rights by the policemen who charged me for a DWI arrest. Looking back, does that make my DWI arrest illegal in Texas?

Polly

Dallas, Texas

Nice question Polly. Most people are familiar with the so-called Miranda Rights, which include the right to remain silent and right to have appointed counsel present before you decide whether to answer any questions, once you are in police custody. However, the officers are not required to give Miranda warnings to every individual they caught for a DWI arrest unless they intend to question you once you are in custody. The requirement to give the Miranda warnings applies when the officer wishes to probe a person questions or interrogate them after they have been placed under arrest.

If the officers fail to give you your rights, after you are in custody, then any answers you give to questions can not be used against you in court. But that doesn’t make the arrest illegal. A skilled and experienced DWI defense attorney in Texas can determine whether a motion to exclude statements is warranted in your case.

Reader’s Question:

I’m Sandra and I currently live in Dallas, Texas. I’m curious as to how are car insurance rates being determined? Why are insurance rates different for various cars, even if the cars cost the same?

Sandra

Dallas, TX

Thanks for asking Sandra. Insurance rates set in the State of Texas are different than many other states. The rates are determined by the behavior and accident rates of all Texas’ drivers. The cost of insuring drivers in Texas including settlements and legal fees is totaled for the entire state and divide it up between everyone.

There is much information about you that is used to determine your car insurance rates. You are grouped or pooled together with similar drivers of the same background, so that way you are not paying for drivers that have worse driving capability than you. These includes your gender, age, marital status, driving record, usage of vehicle, how many vehicles you have, where you live, what kind of coverage limits you want, how many drivers you have and their ages, your payment history, what color car your drive, your insurance credit score, claims history, occupation and a lot more.

Automobile vehicles are also grouped into categories according to their likelihood of being damaged, vandalized or stolen. Car insurance companies generally consider the size and type of vehicle, as well as the value and the cost of repairs (which can greatly vary, even on cars that cost roughly the same). Safety is a key when buying a vehicle, putting insurance aside. Some cars are considered safer than others vehicles because of their performance record in safety tests and real accidents. That’s why you should research about insurance coverage before you purchase for a car.

Reader’s Question:

It has always been my impression that Dallas DWI laws are harsh. I guess what I need to know is why is it so? What are the DWI laws and rules in Dallas ?

Cindy

Dallas, TX

Thanks for asking, Cindy. Dallas DWI laws may seem harsh for people who take DWI lightly. DWI or driving while intoxicated with alcohol or other drugs is a serious crime especially if it involves lives of others who just happen to share the same public streets with you.

In Dallas , a DWI offender is required to attend classes to break away from alcohol and other drug addiction. If you refused to attend these classes, then your punishment will be made worse.

Whether it is the first DWI offense or the nth time offense, a DWI offender will still be facing the same charge in the same manner. The only difference may be on the amount of penalty or fines which obviously will be lower than frequent offenders.

Also, Dallas DWI laws state that your driving license has to be suspended and you will also have to undergo restrictive probationary license programs. So, prepare spending a good amount of time in jail.

Reader’s Question:

Hello, from Dallas, TX. In my state, is there a specific option to fulfill an SR22?

Gene

Dallas, TX

Thanks for asking, Gene. That’s a good question. As you know, an SR22 in Texas is a document that is required as proof of insurance by way of a certificate filed under the Texas Department of Public Safety (DPS) for persons charged for a certain violation.

Generally, there are 2 options within the state of Texas to fulfill the SR22 requirement and get your license reinstated or avoid getting your driver’s license suspended. In either of the following cases, Texas State minimum liability insurance limits must be maintained and followed. First, you can insure your vehicle (either a scooter, motorcycle, car or truck) in a traditional manner, and accomplish the SR22 as an attachment to the policy. This can be accomplished with liability-only or full coverage, depending on the age and type of your automobile. The second option is to obtain a non-owner policy with the liability limits applied to you, and with coverage for vehicles that you drive but do not possess. This non-owner SR22 (or named operator SR22) can also be used if you own a vehicle and already have an existing coverage in place. This way you will not have to involve your existing insurance company, and you can still take care of your license problem. This case will also apply if you are not a resident of Texas, but have moving violations within the state from past incidents.

Reader’s Question:

Does gap insurance lets you rent a car if you have been in an accident, but the vehicle is not totaled? I am from Dallas, TX

Richard

Dallas, TX

No, actually gap insurance does not rent you a vehicle whether your car has been declared a total loss or not. Gap insurance does not include reimbursement for a rental car.

If you have been in an accident in that is your own fault you would have to use your own physical damage coverages such as comprehensive or collision to cover the damages to the car in Texas. To cover the cost of a rental vehicle while your car is being repaired you would need coverages such as rental car reimbursement (RR).

If your vehicle was wrecked by another party and you have put a third party claim through the at-fault party’s insurance provider then you should check if they will reimburse you for the use of a rental car while your car is being fixed.

Reader’s Question:

Can I still obtain auto insurance in Dallas TX if you file bankruptcy?

Gene

Dallas, TX

Yes, it is still possible that an insurance carrier will insure you, even if you have filed bankruptcy in the past.

Insurance providers differ and you will likely have to shop around to check the coverage you need and it is likely your insurance rate will be higher then those without a bankruptcy on their record or those that have a better credit score.

Auto insurance rates are not purely determined based on credit report. There are other factors such as the type of car, where you live, driving record, etc. The goal of acquiring all of this information is to correlate the car insurance rate as closely as possible with the actual cost of potential claims.

Reader’s Question:

Will I be able to stay on my parents auto insurance policy in Dallas Texas if I move out of their house?

Michelle

Dallas, TX

While Dallas insurance providers’ guidelines vary, most will not continue to insure you under your parent’s car insurance policy if you move out of their house. There are some exceptions if it is a temporary move, like going to college or university.

Normally, if you move out on your own you would need to get an auto insurance policy to cover yourself and your car. If you do not own a car but want car insurance then you could look for a non-owner’s policy.

Your parents may contact with their Dallas TX insurance broker to verify the specific guidelines of their insurance carrier regarding covering you if you move out.