Car Accident & Ch 7

[krispy12]

My friend has filed Ch 7 last year & about 3 years ago got into an accident where she was at fault. The insurance company already paid out to one out of 3 people involved for the maximum amount of coverage she had.

Now the other lady is trying to sue her. What happens since she doesn't make much money & has already filed bankruptcy? Also, the car was in her bf's name too but he let her drive it that one time.

As far as I know, he doesn't have much assets & is upside down on his house too. Any ideas anyone?

[iv65536]

I think said other lady is out of luck. Your friend should contact her BK atty ASAP.

[Flamingo]

Well, from your posting it appears her insurance covered one claim regarding the accident for the maximum coverage and I am certain the insurance company was aware (as they had I am sure already investigated the accident) of the other two people and that lawsuits would probably be filed before the Statute of Limitations for filing ran out in the state in which the accident occurred to file a Personal Injury lawsuit. They probably advised her as to all this.

Since your friend filed Chapter 7 last year and this lawsuit was not filed at that time but I am sure she knew it would be coming, your friend has best consult with the attorney who handled her BK since there was no active lawsuit at that time and could not be included. She also further needs to consult with her insurance company unless they already previously advised her.

[jribe]

did she file in her BK pending suits by the other people? If not, they are not covered by the BK.
She can still be held liable for their claims if they win a lawsuit against her.

My friend has filed Ch 7 last year & about 3 years ago got into an accident where she was at fault. The insurance company already paid out to one out of 3 people involved for the maximum amount of coverage she had.

Now the other lady is trying to sue her. What happens since she doesn't make much money & has already filed bankruptcy? Also, the car was in her bf's name too but he let her drive it that one time.

As far as I know, he doesn't have much assets & is upside down on his house too. Any ideas anyone?