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I need advise, I was involved in an accident after filing but i'm not cofirmed yet

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    I need advise, I was involved in an accident after filing but i'm not cofirmed yet

    Here's the quick version, I filed 13 in July my confirmation has been pushed out twice now due to attorney mistakes but now scheduled for confirmation Dec 9th.
    Mid October I was doing some work for my neighboring farmer as a trade off for money I owed him I've operated farm equipment on and off for the past 33 yrs. That evening while moving the tractor and planter down the road an oncoming car crashed into the planter nearly killing the driver. I recently found out he is out of the hospital now but requires a couple more surgeries. I would be foolish to think a law suit is not coming from this and I immediately informed my attorney but he showed no concern and thought their was no need to delay the bk. I can't help but think I should not confirm and wait this out to see if I get sued, I have no insurance to cover any of this but the owner has ins and says he will be ok either way. his insurance already replaced the planter which was totaled. Do you think this mans attorney will see I'm bk and not fool with me? I definately don't want to have a garnishment to pay a judgment after paying a 13 for 5 yrs. Or could I proceed wth the 13 and convert to 7 if he wins a judgment. I really only opted for the 13 to strip my 2nd lein. things look different now from this angle.

    Oh I just found out yesterday my homeowners dropped me, the letter didn't state any reason why.

    #2
    If the driver crashed into YOU - how would you be held accountable? Were you charged or were they?

    As to your homeowners ins. - they have to provide a reason for dropping you, they just cant drop you without cause.

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      #3
      The sheriff delivered a citation to me this past Saturday. Their is a law where tractors with dual wheels must have a flashing amber light at the outer edge of the dual tires, at the time i thought I was legal because when the law was passed this was only required 30 min after sunset till 30 min before sunrise, this was changed last yr to sunset to sunrise otherwise I was legal. If the dual wheels were off the tractor I would have been legal and he still would have crashed into the planter he didn't hit the tractor at all. I was as far to the right as possible due to a guardrail to my right and stopped but the planter is 15 ft wide and hung over the centerline about 30 inches and he drove right into it. I had my lights on and flashers and reflectors on the planter. I honestly thought he would get cited for inattentive driving or something like that.

      I haven't called the ins. yet to see if they will tell me why they dropped me.

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        #4
        Well that sucks. For VA, its the same however if someone has a wide load scenario, they must have a spotter vehicle out in front stopping traffic to allow the wider vehicle through. Unfortunately if over the center line - the driver of the wide load/vehcile would be at fault, not the other driver - unless there was a front vehicle spotting and the passing vehicle went around it.

        Glad the other driver is recovering and I hope everything works out for you. Definitely call your homeowners ins to find out why they canceled you and get it in writing if at all possible.

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