I'm being sued

[subxisting]

I have gone to a bk lawyer and can't file until the end of the year. Just got in a car accident last month and the other driver is trying to sue me... Can I still file bankruptcy? If so can that be discharged as well?

[keepmine]

That debt is dischargeable as long as drugs or alcohol or some other criminal activity was not involved.
Do you have insurance?

[mynameainttracy]

Many moons ago I was in a very bad car accident where I was the driver and my passenger was badly hurt. I was only 18 at the time and about 1 year after the accident the passenger sued me and my parents for $500k if I remember correctly. My parents filed bk and our insurance company made a settlement offer to her. The case was settled for $100k by our insurance company.

[WoodSprite]

I have gone to a bk lawyer and can't file until the end of the year. Just got in a car accident last month and the other driver is trying to sue me... Can I still file bankruptcy? If so can that be discharged as well?

Welcome to the forum, subxisting. You'll find this to be a wonderful source of support & info.

I hope someone more knowledgeable will jump in, here, but I think it depends on whether or not you were intoxicated at the time of the accident. Personal injury caused by the debtor's operation of a vehicle while under the influence is one of the discharge exceptions, along with student loans, back taxes, and a few others.

Good luck to you.

[Flamingo]

I have gone to a bk lawyer and can't file until the end of the year. Just got in a car accident last month and the other driver is trying to sue me... Can I still file bankruptcy? If so can that be discharged as well?

If you have insurance, your insurance company and its attorneys will handle the suit granting you are at fault for the accident and there was no negligence on the part of the other driver. If you don't have insurance, you will need to consult with an attorney to have the situation investigated as to who is really at fault since this just occurred last month. I don't think you are telling us everything. For someone to sue you that quickly there is move involved here than what you are telling us.

[paintinrosesred]

If you have insurance they will handle your case. Check with your insurance company on limits and you will probably be covered unless it was a very serious accident.

[subxisting]

i do have insurance and there were no medical claims. He called me the other day and said my insurance agent gave him my phone number and said it was perfectly legal to sue me if he was looking for more money. no one was intoxicated it was raining and there were bad weather conditions. my insurance has already settled with him.

[cool33097]

What state r u in?

[subxisting]

What state r u in?

Nevada

[keepmine]

i do have insurance and there were no medical claims. He called me the other day and said my insurance agent gave him my phone number and said it was perfectly legal to sue me if he was looking for more money. no one was intoxicated it was raining and there were bad weather conditions. my insurance has already settled with him.

He's very likely bluffing. I'd not speak with him anymore.
Contact the lawyer for your insurance company and ask about the settlement details. To settle, he may well have waived all rigjhts to future litigation.

[Flamingo]

i do have insurance and there were no medical claims. He called me the other day and said my insurance agent gave him my phone number and said it was perfectly legal to sue me if he was looking for more money. no one was intoxicated it was raining and there were bad weather conditions. my insurance has already settled with him.

Did you contact your insurance agent with the above information? If not, please do so right away and do NOT pay this person a dime nor talk to them anymore.

[subxisting]

my insurance agent told me to call him. i spoke with him and he says he wants to be reimbursed for items that were in the vehicle i.e. cell phone, sunglasses, etc. I called the boss of my rep and she is pissed. they are trying to work things out. i think i got my rep in trouble.

[AngelinaCatHub]

my insurance agent told me to call him. i spoke with him and he says he wants to be reimbursed for items that were in the vehicle i.e. cell phone, sunglasses, etc. I called the boss of my rep and she is pissed. they are trying to work things out. i think i got my rep in trouble.

Your insurance is there to fight for you. I forget the word but if you are sued, they are to surrogate for you. If the insurance company paid him one red cent, and he accepted, you are through. You can't be sued on a settled claim. 'Hub

[NowImDownInIt]

my insurance agent told me to call him. i spoke with him and he says he wants to be reimbursed for items that were in the vehicle i.e. cell phone, sunglasses, etc. I called the boss of my rep and she is pissed. they are trying to work things out. i think i got my rep in trouble.

OMG, how petty can people be?

[fltoo]

my insurance agent told me to call him. i spoke with him and he says he wants to be reimbursed for items that were in the vehicle i.e. cell phone, sunglasses, etc. I called the boss of my rep and she is pissed. they are trying to work things out. i think i got my rep in trouble.

Your agent should get in trouble for telling you to call this guy directly. Never heard of such a thing. The insurance companies should be handling the entire thing.

What happened to his cell phone and glasses? Was his car totalled?

Glad there were no medical issues on either side.