Virginia Code

Va. Code Ann. § 46.2-417 (2026)

Suspension for failure to satisfy motor vehicle accident judgment; exceptions; insurance in liquidated company; insurer obligated to pay judgment

✓ current as of May 2026
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A. Upon the application of any judgment creditor, the Commissioner shall suspend the driver'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 § 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 § 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'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's license or driving privilege or any registration certificate, license plates, or decals under clause (i) of subsection A or § 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's obligation or the limits of the policy are in an amount sufficient to meet the minimum amounts required by § 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'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 § 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 § 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 § 46.2-411 and the reinstatement fees pursuant to subsections C and F of § 46.2-411 after the judgment debtor becomes eligible for restoration of his driving privileges.

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.

Notes of Decisions
Cited in 9 cases, 1990–2001 · leading case: Commonwealth v. Brown, 508 S.E.2d 916 (Va. Ct. App. 1999).
Commonwealth v. Brown, 508 S.E.2d 916 (Va. Ct. App. 1999). “2-351 resulted from a suspension or revocation ordered pursuant *786 to (i) § 46.”
Commonwealth of Virginia, DMV v. Arthles H. Lynn, 510 S.E.2d 270 (Va. Ct. App. 1999). “The relief provided in that part of the statute is further limited by the following provision of the statute: This section shall apply only where the conviction or convictions as set out in subdivision 1 c of § 46.2-351 resulted from a suspension or revocation ordered pursuant…”
Commonwealth of Virginia v. Wayne Bernard Boone, 517 S.E.2d 275 (Va. Ct. App. 1999). “2-361(C), in effect at the time Boone filed his petition, stated: “This section shall apply only where the conviction resulted from a suspension or revocation ordered pursuant to (i) [Code] § 46.”
Lawrence D. Loflin v. Commonwealth, 500 S.E.2d 826 (Va. Ct. App. 1998). “2-459 for failure to furnish proof of financial responsibility or (iii) § 46.2-417 for failure to satisfy a judgment provided the judgment has been paid in full prior to the time of filing the petition.”
Haines v. Div. of Motor Vehs., 37 Va. Cir. 165 (Winchester Cir. Ct. 1995). · cites it 8× “Virginia Code § 46.2-417 provides that the Commissioner of the Department of Motor Vehicles will suspend the driver’s license of any person who has failed for thirty days to satisfy a judgment arising out of an automobile accident.”
Houser v. Houser, 19 Va. Cir. 352 (Washington Cir. Ct. 1990). · cites it 2× “Nevertheless, the defendants herein, apparently being otherwise unsuccessful in collecting the judgment, subsequently filed an abstract of judgment with the Commissioner of the Department of Motor Vehicles pursuant to § 46.2-417 of the Code. By order dated January 23, 1989, the…”
Commonwealth of VA, DMV v. David L. Tice (Va. Ct. App. 2001). “2-459 for failure to furnish proof of financial responsibility, or (iii) § 46.2-417 for failure to satisfy a judgment, provided the judgment has been paid in full prior to the time of filing the petition or was a conviction under § 46.”
Commonwealth of VA/DMV v. Lloyd Wayne Taylor (Va. Ct. App. 2001). “This section shall apply only where the conviction or convictions as set out in subdivision 1 c of former § 46.2-351 resulted from a suspension or revocation ordered pursuant to (i) § 46.”
Byrd v. Commonwealth, 48 Va. Cir. 281 (Fairfax Cir. Ct. 1999). “2-459 for failure to furnish proof of financial responsibility, or(iii) § 46.2-417 for failure to satisfy a judgment.”
Va. Code Ann. § 46.2-417(C): 1 case
Haines v. Div. of Motor Vehs., 37 Va. Cir. 165 (Winchester Cir. Ct. 1995). “Virginia Code § 46.2-417 provides that the Commissioner of the Department of Motor Vehicles will suspend the driver’s license of any person who has failed for thirty days to satisfy a judgment arising out of an automobile accident.”
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