Has anyone here been in an auto accident while in chapter 13? I was rear ended by a freightliner truck. I notified my attorneys office and the trustees office. Luckily they let me slide,owed 5 payments when the check for my car came and paid it up. What they told me is the most they can do is ask for 3 month off the plan. My personal injury attorney is filing to include the lawsuit settlement as an asset. Meantime im holding on the best I can and awaiting surgery on my neck and rotator cuff. Im still living off the check for totalling the car,and sold the car. What scares me is will I be able to hold them off until the settlement. (I had liability only an no health insurance)...........Has anyone here been in an accident while in chapter 13,and what happened? I just completed year 1 of 5 year plan.
-
-
I can't help with your questions--wish I could, but I can offer ***HUGGS*** for a speedy recovery and and glad you weren't more seriously hurt."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed." -
Since you are in BK, you will need to work closely with both your BK attorney and your personal injury attorney. Since you were rear ended the accident is obviously not your fault and with your injuries it of course makes your situation much more complicated due to the Chapter 13. Any settlement from this matter and/or if there is a trial due to negligence could take a while so the best advice you can get is from your own counsel due to your situation. Unless the other driver who rear ended you fights this matter, his insurance company will be responsible for your medical bills and lost wages..._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"Comment
-
Yes Flamingo, and to add, the insurance of the person at fault "should" cover him, but if it runs out he may have to bk7. I hope the Op will recover fast and with little pain as possible. GBWY 'HubOriginally posted by Flamingo View PostIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
-
They are paying my medical bills,its just diffucult to survive being I cant work. The legal assistant at the bk attorneys office left,and as usually its hard to talk to a live person. I asked the trustees office to make a note of the accident.Rotator cuff surgery I will ask for the 3 months off to recover. I will still have to worry how to pay trustee when I have to take time off for neck surgery. Since the bk will be paid off with some of the settlement im wondering if they will wait?Comment
Comment