Auto insurance settlement after ch 13

[maggie81]

I am 2 years into my chapter 13 and was in a serious car accident 8 months ago. My 8 year old daughter and I were hit by an uninsured unregistered driver and we spent a week in the hospital. My auto insurance will be settling our case for approx. $50,000.00. Do I have to notify the trustees of the settlement? How would they know? I want to do the right thing but I do think we are entitled to this payment for our hardships over this accident. .

[justbroke]

You may be entitled to part of it. You need to contact your Bankruptcy attorney.

[Flamingo]

Your insurance company will paying your hospital, doctor and related expenses and any lost wages you incurred (I am sure the amount of $50,000 covers all that and if your health insurance paid your medical bills, there will be subrogation) but since the other driver is uninsured, he/she will have to be sued personally to attempt to recover any amounts to reimburse the insurance company and/or for your pain and suffering...

[lrprn]

I am 2 years into my ch 13 and was involved in a serious car accident 8 months ago. I was hit by a unregistered uninsured driver. My auto insurance is going to settle my case soon and I need to know if I have to report the settlemnet to the trustee.

The first thing to do is to contact your lawyer. He/she will advise you whether you have to disclose this to your trustee or not.

And maggie81....you just asked the same question in the Ch 13 forum a month ago on November 29, 2009, except then you said the accident was three months ago and you filed Ch 13 eight months ago - http://www.bkforum.com/showthread.php?p=353990#poststop .

You received some solid answers from members then, so I'm wondering why you are posting the same question again now, and this time with different timeframes?

[Flamingo]

In this posting she indicates the other driver was unregistered and uninsured. That makes a big difference inasmuch as anything her insurance company pays out for her will be to pay her medical expenses (there will be subrogation if her health insurance company paid for the medical bills) and the only funds she would receive would be possibly lost wages or reimbursement for any expenses they incurred from the accident not covered by the health insurance. They will have to personally sue the uninsured party to try to recover those expenses paid by her insurance company and for any pain and suffering. In any event, the accident and resulting funds of any kind paid directly to her needs to be reported/discused with her attorney especially if there will be a future lawsuit filed by her against the uninsured party (if that party actually has any assets). It is an awful thing to get in an accident with an uninsured driver where that driver is at fault.

[rrj]

i was involved in a hit and run about 3 years ago.

My insurance paid the hospital and gave me a check for my car minus 250 dectuble, plus a little extra for inconvience not much about 200.00 more then the medical bills

if they had found the driver they would of sued for the money they spent and my dectuble