Question:
Ok, i am getting sued by another person as result of a car accident. I was under the impression my insurance was still current but turns out, it had expired, so i had no insurance to cover thier accident. I have 3 questions regarding this 1) when you have insurance, aren't you covered agaisnt uninsured moterists? 2) if i declare bankruptcy will it eliminate the money they sue me for if they end up going through with everything? and 3) do i possible have any options or alternatives? PLEASE HELP
Answers:
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You cannot bankrupt yourself out of liability claims arising out of a motor vehicle accident. There is a young woman in BC paying off over $3,000,000 who will attest to that. Not all policies in all jurisdictions have automatic coverage for uninsured motorist damages. How can anybody be "under the impression" they had insurance? Do people not pay rent under the impression it was paid? Do people not pay Visa under the impression it was paid? Do people not pay car payment under the impression it was paid?Person that hit my car is taking to long to pay me?
1st off do you have anything Money or other Real Asset's such as a home or Expensive Jewerly maybe not so much. If you have something to loose you be getting yourself in a better possition.Question 1 yes if your insured and someone hits you and they don't have insurance they go after that others persons assets and if there isn't anything they pay what ever that amount they owe you.
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# 2 Bankruptcy shields from certain things it may or maynot sheild from this situation.
# 3 You need to talk to an attorney for all of your answers here however if you have no money and no assets and it was your fault in the accident you may need to check with several until you find someone that will consider helping. There are Free or Low Income types that help those in need.
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1. Most U.S. States do require that an automobile policy have Uninsured Motorist coverage. However, the person you hit may choose to not involve their insurance and can then sue you. They are not mandated to involve their insurance if they don't want to.My car was hit by a city vehicle while I was legally parked-do I have to have insurance to collect?
2. Damages from an accident can be eliminated in bankruptcy if the damages were NOT caused while your were DWI or DUI. I've seen it done hundreds of times.
3. Toughest ?.
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If your company has not sent you a written coverage denial you need to get back to them and find out why the policy was canceled. If you paid the premium but paid it late you might have have coverage under a "grace period".
The only idea I have is to try to reach a settlement out of court with the other party.
Good Luck
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