Potential Lawsuit during my Chapter 13

[Oconus]

Hi all

New here and I have some questions in regards to my Chapter 13. Currently I have two child supports, & a trustee. It has been 2 years since my plan was established and I only half a year left. My mother who has medical issues (no license, no car insurance) decided to take my car to the hospital and totaled it. I've communicated to the insurance company that she had no authorization and was never allowed to drive any of my vehicles in the past. I did make a police report, but I never pressed charges because who would want to put their 70 year old mother in jail who has a brain tumor (not trying to get personal here).

Looks like not pressing charges was a bad move. The insurance company is trying to pin me for the fault, which I don't believe they can do since it was stolen. I'm reaching out on here in case this does happen. With two child supports & a trustee there's no way I can pay lawsuit of $11,000. I haven't been served anything yet, but if I am I know contacting my lawyer would be the best course of action... but what happens then? Was this Chapter 13 all for nothing?

Regards to anyone helping or reading this.

[GreenV98]

Don’t you have uninsured motorist in your car insurance policy? Why are you being sued? Who is suing you for $11K? Your uninsured motorist should kick in and cover your totaled vehicle.

[Oconus]

I did not have full coverage on the vehicle since it was older. Yes I did have uninsured, however since the family member who took my car was not on the insurance policy. My insurance policy might not pay them out.

[Carmella]

My friend's son had something similar happen. He was sleeping when a drunk friend that lived with him took his car without his knowledge. He had lawyer and was able to fight it. They had video from surveillance cameras that showed the friend getting in the car, not sure what else they had. His insurance eventually paid for it. I don't remember if the friend had a driver's license. But that's when I found out that anyone in your household needs to be mentioned on the policy. That was a sticky point for my friend's son because he hadn't told them this guy moved in with him. And then I remembered my car insurance was a stickler about who lives in the house and wanted to know at the time it was my daughter who was not licensed but was 16. Having it noted at the insurance who is in the household makes a difference.

Keep fighting it, find a lawyer if you need to even with the expense it will be better than getting nailed with a higher fine.