Car Accident & Lawsuit Fears

[bumpruptcy]

Hi. I got into a car accident where I was deemed to be 100% at fault. I didn't have enough auto insurance. The damages from the accident are estimated at $100K at least. Weird aside -- my car didn't sustain any damage and I didn't get hurt. Everything happened to the two other cars involved.

I have filed a chapter 7 to protect myself from lawsuits. We listed the two other parties in the accident as creditors. However, we didn't list their insurance companies. Can their insurance companies come after me after my bk case is discharged and closed?

I tried to get an answer from my attorney, but for some reason his answers don't always seem clear to me. Anybody have any experience with this? Thanks.

[walkthaplank]

I would think that the insurance companies are acting as agents on behalf of the insured. You included the original debt in your CH7, the insurance company will be acting as a collection agency, you should be ok. I am a little frightened that your lawyer is unable to either give you a clear answer or at least add the insurance company to the BK.

[Flowers]

do you have any kind of umbrella policy?

I have to think though that you would not have to list their insurance companies specifically as they represent the folks listed in your chapter 7.

Glad you were ok and not hurt.

[junker]

their insurance co will pay the rest of the claim that exceeds your policy, so they would be representing themselves. its called underinsurance, they will surely come after you. i would call another bk lawyer and ask them this question. or even ask your own insurance co the question. i was in a wreck that wasnt my fault, they had no insurance, my insurance paid my policy limit, and said i could sue the other party if i wished for additional bills and pain and suffering. at least add the insurance co to your bk.

[bumpruptcy]

Thank you for the info

I am going to contact my lawyer first thing on Monday to see what I can do. Does anyone know if a chapter 7 is already in progress if it is possible to add additional creditors? Thanks.

[keepmine]

It costs $26 to amend your filing. I'd darn sure insist on adding the insurance companies.

[bumpruptcy]

Thank you!!

Thank you! That even sounds like something I can do if the lawyer is unable to do that for me.