Auto Accident Claim...

[mom2three09]

Our 341 was 8/12. Last Thursday (8/20) we were rear ended on a hill. Our minivan sustained minimal damage ($3700). Dh and I did go to the hospital because we immediately had neck/shoulder/back pain. They did xrays and said that we have muscle spasms & sprains. Sent us home with pain meds,muscle relaxers. Our 4 yr old dd was also with us, but was not injured (thanks to the Graco Nautilus & 5 pt. harness she was in). We're still having some probs (stiffness,headache,etc) so we're no where near ready to settle with the ladies insurance co. But we also do not see a law suit happening either (don't plan to hire a lawyer). My question is, if we settle before we're discharged how likely is it that the trustee with take our $$ from our injuries? We're no asset right now, but I guess this could change things

[LuciluS]

You can let the person's insurance repair your vehicle if you need the vehicle, But keep the Medical Liability part open. Do NOT sign anything right now.

My MIL was rear ended last week sitting still in a Truck. She didn't hurt after the accident. It was the next day her lower back started hurting her & 2 days later her hand started swelling.

We were rear-ended sitting still in a Chevy Silverado 4 Wheel Drive Truck on 3/14/05. I didn't even know we had been hit. My first words out of my mouth was O My Hubby, My Neck is hurting. I ended up having 7 surgeries and am deemed 100% disabled. I just settled with them this last Feb.

If I were in your shoes, I wouldn't settle and would be making an appt. with your PCP for further evaluation.

[mom2three09]

We were sitting still too. The car in front of us stopped to turn left so we had to stop and then 2-3 secs later we were hit. The crazy thing is that we had just left dd's dr's office and had called in a pizza for pick up from our fav pizza place.... we were on our way to pick it up when we were hit. Hours later when we were leaving the ER dh thought he better call to explain why we didn't pick up pizza (we call in pizzas there quite often).. well the guy said "oh wow, you'll never believe this but it was the owners wife who hit you" Needless to say we were shocked

Anyway, we do not plan to sign anything. In fact, our insurance sent us paperwork to sign so they can collect from the other insurance on our behalf and we haven't even signed those yet because we aren't sure it's in our best interest. It's crazy tho because today in the mail we received mail from two seperate accident attorneys telling us not to sign anything until we consult with an accident attorney It says that our accident is public record (which is obviously how they found out about it)...

Now I'm just a little worried that the $$ we receive once we settle will become an asset in our BK

[keepmine]

You need to contact your bk attorney and find out if some or all of a personal injury award is exempt in your state.
If you have to sue or play hardball, the trustee will find out. Part of opposition research is, the insurance companies attorneys pulling public records and seeing if, a litigant has a bk where the claim may have been property of the bk estate. They'll report you to the trustee.

[tweety1]

As far as I understand it, since the accident happend after BK filing you have nothing to worry about. Any money you make after you file is yours to keep. They are not part of the bankruptcy estate. The only exceptions could be inheritance, divorce settlements, and life insurance proceeds within 180 days after filing. Those you need to report and if they're not exempt they can be taken by the trustee.
If the accident happend before you filed for BK that would be a different story. Then you have to disclose possible future insurance settlement as your asset since the money producing event (accident) happened before you filed for BK. Even in this case some states have exemptions for personal injury claims. In MD, where I live, there is full exemption for any personal injury settlement.

[jribe]

accident/injury settlements are typically exempt. You'll need to check your specific state laws. In CA they are exempt

[mom2three09]

Ok, I did check for Indiana's exemption dealing with auto accident settlements and they do look to be exempt :

Accident and mutual life insurance proceeds: all necessary for support. 27-8-3-23

confused about the statement in red tho ...

[aces67]

I would definitely call your bk lawyer and ask. I'm so glad your dd was in a good car seat! I'm all for carseat safety!

[mom2three09]

I would definitely call your bk lawyer and ask. I'm so glad your dd was in a good car seat! I'm all for carseat safety!

waiting on a call back right now.

Thank you! Yes, I cannot tell you how happy I am with the seat she was in. She said afterwards that she did not even feel the impact, which tells me that her seat really absorbed the hit for her!

[tweety1]

Although I'm not an attorney, and this is not a legal advice, since your accident happened after you filied for BK you don't need to even worry about whether it's exempt or not. It is not part of your estate. Should you get any money in settlement it is no different then the money you get by working etc. The date you file is important here. Discharge date does not have any significance for that. Like I said before, the only exeptions are life insurance payouts, inheritance, and divorce settlement within 180 days after filing.

I'm glad your child is doing fine. I would seriously consider having an attorney represent you for the insurance settlement. Personal injury lawyers in your case work on contingency (you pay them % of your settlement usualy one third), thus you don't have to pay them anything unless he makes you money. Most of these cases are settled out of court so there will be no law suit. It is very tricky to get a good settlement on your own unless you had prior experience. Even little innocent question by an insurance co. can turn things opposite down if you don't know how to answer it right.

Good luck

[JustOverBroke]

Ok, I did check for Indiana's exemption dealing with auto accident settlements and they do look to be exempt :

Accident and mutual life insurance proceeds: all necessary for support. 27-8-3-23

confused about the statement in red tho ...

You should consult a PI attorney ASAP.

It's free to consult if they take you're case you don't pay until you settle you're case.

In 99.9% of cases they never go to court.

[mom2three09]

You should consult a PI attorney ASAP.

It's free to consult if they take you're case you don't pay until you settle you're case.

In 99.9% of cases they never go to court.

I think you guys are right, maybe we should atleast consult with an attorney. We've been bombarded with mail from several different attorneys, so finding one shouldn't be hard lol

[jribe]

first of all- be careful with picking an attorney. I had a bad rear ender a few years ago- i was at a full stop in a line of cars and a lady came around a corner at 45mph and hit me. I ended up off work for almost 3 months and had a ton of doctor bills! I did all of the leg work for my attorney. During the consult he sounded good- but really wasn't. I had to fight for myself.

But besides that- it took over a year and a half to get anything (besides the money to fix the car which was immeadiate) from the insurance company - so i wouldn't be too worried about that. It's a very slow process if you have injuries that need to be resolved (obviously) before you settle a claim.

[OhioFiler]

We were sitting still too. The car in front of us stopped to turn left so we had to stop and then 2-3 secs later we were hit. The crazy thing is that we had just left dd's dr's office and had called in a pizza for pick up from our fav pizza place.... we were on our way to pick it up when we were hit. Hours later when we were leaving the ER dh thought he better call to explain why we didn't pick up pizza (we call in pizzas there quite often).. well the guy said "oh wow, you'll never believe this but it was the owners wife who hit you" Needless to say we were shocked

Anyway, we do not plan to sign anything. In fact, our insurance sent us paperwork to sign so they can collect from the other insurance on our behalf and we haven't even signed those yet because we aren't sure it's in our best interest. It's crazy tho because today in the mail we received mail from two seperate accident attorneys telling us not to sign anything until we consult with an accident attorney It says that our accident is public record (which is obviously how they found out about it)...

Now I'm just a little worried that the $$ we receive once we settle will become an asset in our BK

I hope whatever settlement you reach it includes free pizza for life!

[mom2three09]

I hope whatever settlement you reach it includes free pizza for life!

You sound like my dh!!!!