In my case non-consumer?

[lotsahats]

I'm going to do that. I was planning to file pro se but I kept putting it off since the insurance company is taking it's sweet time to "fry" me. Now I'm due a large tax refund. Might as well use it to pay for an attorney!

The tax refund is exactly what I'm waiting on. Otherwise, I would have filed months ago. But, I didn't realize I had a non-consumer case. I just stumbled on that info.

[2manybills]

What are the policy limits of your insurance? Usually the only time you are held personally liable is if (at least in California) you are being sued for punitive damages, i.e., if you were drunk driving let's say, then the plaintiff could say you willfully intended to cause them harm by drunk driving. And that or a lawsuit for fraud, would not be dischargeable debt anyway.

[lotsahats]

What are the policy limits of your insurance? Usually the only time you are held personally liable is if (at least in California) you are being sued for punitive damages, i.e., if you were drunk driving let's say, then the plaintiff could say you willfully intended to cause them harm by drunk driving. And that or a lawsuit for fraud, would not be dischargeable debt anyway.

I'm insured for $20K. Plaintiff's medical bills came to $6K. Plaintiff is suing for $50K. If plaintiff refuses to settle within policy limits, and wins a judgement of, let's say $35K, then I'll be responsible for the remaining $15K, and I don't happen to have that kind of money lying around. That's why I have to include this in the bankruptcy. And, it is dischargable, because, as I mentioned above, I was doing nothing wrong, I just made a mistake that anybody could have made.

[angles]

I would take the previously posted advice and wait to see what happens first. In the meantime, you can plan for the worst and hope for the best. This will put you in a better situation if you do have to file.

[OhioFiler]

I'm insured for $20K. Plaintiff's medical bills came to $6K. Plaintiff is suing for $50K. If plaintiff refuses to settle within policy limits, and wins a judgement of, let's say $35K, then I'll be responsible for the remaining $15K, and I don't happen to have that kind of money lying around. That's why I have to include this in the bankruptcy. And, it is dischargable, because, as I mentioned above, I was doing nothing wrong, I just made a mistake that anybody could have made.

Hopefully not opening the can of worms mountaindo doesn't care for but you are currently only $15,000 in debt but are anticipating a possible addition of $15,000-$30,000. I would not file bankruptcy until I saw the outcome of the suit. If you file bankruptcy and find out your total debt was only $15,000 you may regret your decision.

I would also look for a bit more coverage from my insurer going forward. $20,000 isn't much as you're finding out.