Filed 2 years ago ~ was in wreck this past week

[SleepWellNow]

Just my opinion, but don't be in a hurry to settle your medical. I also was in an accident where I suffered a bad whip-lash. I waited 4 years (yes, years!) to settle. The doctors couldn't seem to figure out why my headaches and jawaches wouldn't go away. I ended up with a TMJ problem because of the accident but it didn't show up for quite a while. Had I settled when everyone was pressing me to do so (including my own attorney), I would of had to pay for my own arthoscroptic surgery. After the surgery took care of the problem, we settled. All that to say, take the time you need to heal and maybe you won't be in BK by then

[Lissy]

Can you actually finance a car during a chapter 13? I didn't think you could?

Yes, you can. You will need your TT's permission, but since your car was totaled, I can't imagine that would be a problem for you. Your case might be a bit more complicated since your car was included in the plan. The insurance money should go to the lender to pay off the totaled vehicle. Then your plan should be amended to take the car payment out of it so that you have money for a new car payment. I'm not sure how it works with the new car; I think you'll have to make the payments directly.

There are lenders that work with people in BK. I used Roadloans.com. The interest on the loan is high, but again, being 2 years in, your credit is probably in better shape than mine was at the time of my accident. You might be able to get a better rate. You have to use their "preferred dealers" but they have one for just about any brand of car out there. There are other restrictions as well, but I was able to buy a brand new car after having just filed BK, so I can't complain too much. You can also try CarMax and local used car dealers.

[tammygirl1]

Since they will have to amend their plan to take existing car out, what are the chances the trustee will make them do a complet overhaul on income/expenses? If so, they could potentailly have to pay more into the plan (minus the car payment) since they could have had even a small adjustment to income/expenses...correct?

[woeisme]

We had to do a "Motion to Incur Debt" to get a new vehicle about 2 years into our plan. Yes, we did have to redo the paperwork, which with new allowances and a decrease in income reduced our payment from $1100/month to $400 per month allowing us to afford a $300/month car payment made outside the plan. Yes, everything was on the table again, but if you need a car, you need a car, and if it costs an additional amount into the plan when everything is all said and done, well, that's just the way it is, but in our case it worked out way to our advantage to redo the paperwork 2 years in. Things worked in our favor were higher utility costs, lower income, including the car payment, etc. things not in our favor were our daycare expenses that were in the original budget were taken out since our son was no longer in before-school care, our transportation cost went down because husband was no longer commuting 100 miles a day to work and back, etc. But being a lot more savvy about how BK works 2 years in really allowed us to make the best case for our overhauled budget, and went from 75% payback to 40%! So don't be afraid to do complete overhaul if you know your expenses have increased! Especially if you have a strong need, which a vehicle definitely fits that category!

[Flamingo]

To the OP - you were broadsided by a man in a truck running a red light. You were injured and it sounds as if your injuries were not minor. This was not your fault. If the tables were turned and it was you broadsiding the vehicle and the other party injured, they would be worrying about themselves and their financial issues, not about you. What this the other party's insurance company is going to do is send you a check in the mail hoping you sign it - it could be for several thousand dollars - they are hoping you will sign it so they don't have to go through the expense of your matter costing them more. If you sign that check you release them from all future obligations as to your injuries - getting slammed broadside in an intersection is nothing to sneeze at. Nor are neck or back injuries that can plague you for a lifetime after this accident. You are concerned about the money because you are in Chapter 13. You need to go see a Personal Injury lawyer and discuss this all with him before you sign anything any insurance company sends you. I am surprised your Bk attorney did not recommend you do that although his responsibility toward you is to only handle the loss of your car in your Chapter 13 Plan. It's up to you what you want to do as it is your money and health but too many people jump the gun when there is a serious accident because they want a settlement right away and then when problems come later there is nothing they can do because the matter is settled.

[Gigi1999]

Thanks for all the advice!

Flamingo, thank you. I have an appointment with an orthopedic on Monday for the back/neck thing. I definitely want to get what needs to be taken care of taken care of. My attorney didn't say anything about speaking with an personal injury lawyer. I will look into speaking with one!

[becky20]

My husband was in an accident where he ended up having to have surgery on his knee for some sort of meniscus tear or something. He was in physical therapy for months and missed a decent amount of work. Luckily they didn't total the car (I'm so glad we didn't have to deal with that since we had crammed the loan) and we did get a settlement that included pain and suffering. I asked our attorney and they said that because the accident happened post-filing, that we didn't need to report it. We worked and settled directly with the insurance company and feel we were treated fairly. I think it depends on the insurance company though! As for the pain and suffering reimbursement, I think a lot depends on your trustee - your attorney should know how to handle it...

[Gigi1999]

Thank you all for your advice! I have been so stressed out because of all of this. Our hearing for the Motion to Sub. Collateral is on March 3. I had to turn my loaner car in this past Friday because that was the last date the other insurance would pay for it because we went ahead and settled on the vehicle (not anything, vehicle only). We have my husbands car and he works from home most of the time, so that works out. He is out of town currently, so I have no car at the moment...but, such is life! I have been a bit nervous about what is going to happen. I mean, if they want to pay off the van, that is fine. I just want my payment to go down so I can somehow get another car. I am sort of nervous about having to lay everything out on the table again. When we first filed, they took a side job that my husband had done 4 months prior and included it in our income...then right after we filed, he got a 10% pay cut that we never reported. To make up for that, he has been doing more side work ~ and it has really helped us out. I feel like we are finally getting back on our feet. It would be hard to have to make a higher payment ~ not that I know for sure that we would. I think we may just even out or maybe be a slight above the first totals. All I can say is that March 3 can't get here quick enough. It is really hard on sharing one vehicle when you are always on the go with 3 kids!

I had a MRI earlier this week on my neck. The dr. thinks that I have a herniated disk at the base of my neck. I have (just found out) a congenial fusion in my neck which makes me more suseptible to whiplash and headaches. Probably why my neck has been killing me since the wreck.

[Gigi1999]

**Update** 03/03/2011

We found out a bit earlier than expected that the auto finance place that we use approved for us to do a Motion to Substitute Collateral. We have several stipulations, though. 1. We have to use a Honda dealershop and 2. It has to be a 03 or newer Odyssey ~ they won't even let me look at anything different. I am sorta stressed about that. I was having transmission issues before I was smacked...I wanted to get something a bit more dependable (Toyota, lower miles...a car for my husband to drive when he goes out of town and I was going to take over his Trailblazer w/ the kids). We will still be making payments to these people AND they are using these stipulations!

But, I keep telling myself that all of this will be over and done w/ in 2.5 more years. I can't wait til the day we are FINISHED. Goodness. And, thankfully, I get A vehicle. I am so over sharing w/ my husband!!