What is the law with uninsured motorists and bankruptcy protection?

Chapter 7 Bankruptcy 2 views 3 answers
I was involved in an accident where I was sideswiped by an SUV. The officer ticketed me and said I made a right turn into the middle lane, which was BS. It was rush hour traffic, and she came out of nowhere. Well the problem is I found out my insurance lapsed, so I am technically uninsured. I received an attorney letter for her "bodily injuries" which was BS, because I watched her the entire time the cops and medical personnel were there, and she was looked at by them. I am also in the middle of a Chapter 7 bankruptcy stay right now. What can they come after me for? Does the BK protect me at all?

Attorney Answers

3
Lewis Matthew RobertsBankruptcy AttorneyAltamonte Springs, FL ·
Just forget all the BS. Did you list the accident on your bankruptcy petition? Did you list all drivers involved and the insurance companies? If so, the debts should be wiped away. Speak with your attorney, if you have one.
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David Thomas AronbergPersonal Injury LawyerDelray Beach, FL ·
You should be protected and it may depend on the timing of the bankruptcy discharge. I would also tell her and/or her attorney that you have no insurance. The case against you may "go away".
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Jeffrey Milton TraurigChapter 11 Bankruptcy AttorneyNew York, NY ·
Reading your question it is not clear whether the accident occurred before or after you filed the chapter 7 case. If the accident occurred after you filed the case, the claim would not be discharged and you may want to consult with counsel to determine whether you should dismiss and refile the case. If the accident occurred before the chapter 7 filing the I generally agree with the previous responses. Mr. Traurig is a bankruptcy attorney licensed to practice in New York and New Jersey. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Traurig strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
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