lawsuit from accident - will bankruptcy save me in California

[undercrash]

My question involves bankruptcy in the state of: California

was in a small airplane crash (cessna 172). i was the owner and pilot of the cessna. my passenger (also a pilot, but didnt wear his shoulder belt) was injured now suing my insurance company.
passenger and i are friends, but i'm worried the attorney will go after me.

aircraft insurance max coverage for each passenger is $100k. the amount of the airplane is $35k paid by the insurance to me, his attorney demanded $1million from my insurance. passenger's medical insurance covered 100% of medical bills already paid. no medical bills, amount is for pain and suffering and rehab.

I currently earn $70k/annually can i file bankruptcy? i pay rent in an apartment, no property ownership other than a car. expenses are $150k in student loans and taxes owed.

i cant pay $1million if the judgement is against me.

can i file bankruptcy, do i have to sell my car, give my life savings over? i was saving for a home.

how can i protect my savings and garnishments? how likely would an attorney go after me if i dont have much.

[justbroke]

You would first need to be named in a/the lawsuit in order to have a judgement issued against you. Until that time, you could consult with several attorneys to get their perspective. It is possible to discharge the judgment in a bankruptcy. An attorney would need to look at everything to determine what steps you should take to protect yourself.

[kilowatt]

You need to consult a lawyer about these questions. There are too many variables to say one way or another.

[bcohen]

Hold your horses. You have insurance for just this purpose. Let your insurance company's lawyers deal with the lawsuit (that's part of their job) and see what happens. If, for some reason, a judgment is granted in excess of your policy limits, that is when you file for bankruptcy. It is entirely possible that the lawsuit will be dismissed or settled for a mutually acceptable amount, without exceeding your policy limits. Rest assured that as long as you were not operating the aircraft while under the influence of drugs or alcohol, any judgment awarded against you is fully dischargeable.

[frogger]

Hold your horses. You have insurance for just this purpose. Let your insurance company's lawyers deal with the lawsuit (that's part of their job) and see what happens. If, for some reason, a judgment is granted in excess of your policy limits, that is when you file for bankruptcy. It is entirely possible that the lawsuit will be dismissed or settled for a mutually acceptable amount, without exceeding your policy limits. Rest assured that as long as you were not operating the aircraft while under the influence of drugs or alcohol, any judgment awarded against you is fully dischargeable.

Great job bcohen!

[justbroke]

Yes bcohen stated what I couldn't get into words. Great job.

[AngelinaCat]

Pardon me, but if your passenger is your friend, AND is also a pilot, who should be aware of the safety rules, etc., WHY the h*** is he suing your insurance company? He was at the very least partially responsible for his injuries....

[bcohen]

Pardon me, but if your passenger is your friend, AND is also a pilot, who should be aware of the safety rules, etc., WHY the h*** is he suing your insurance company? He was at the very least partially responsible for his injuries....

You know how many people sue others for stuff that's their own damn fault? Like the woman who spilled coffee between her legs because she thought it was a good idea to squeeze the cup between her thighs while driving? Didn't McDonalds pay more than a million dollars to that person (and her lawyers)? What about all the cases where people get injured while trespassing on someone else's property, and then sue the owners? A lot of them--or their insurance companies--settle and then pass the costs on to you and me. Same with the people who let their kids run wild in a store, and then sue when they trip and fall.

Didn't you know that if something bad happens to you, it MUST be someone else's fault, and that someone should be made to pay? That's the American Way!

[undercrash]

thanks bcohen. no drinking or drugs involved. departed uncontrolled airport, followed airport procedures and we got pushed down from a downdraft on take off after 400ft. no choice but to keep it from stalling and put in down in a flat area i saw straight ahead, did not have altitude to do much, my only objective was to control the crash and do what i can to keep us alive and avoid homes.
the area also had another crash before us. we didn't know about it at the time. another aircraft went down the day after, no survivors.

his attorney wants a million and the insurance limit is 100k per passenger. insurance notified me that if the attorney does not settle, then the attorney goes after the pilot/owner of the aircraft which is me. after that i'll need a defense attorney, which the insurance will provide. not really sure what to think, i did everything i could the best i could in the situation we were in and now i'm get hit from all sides, faa ntsb sheriffs department (wants to hit up my insurance company to pay for them coming out to the crash site when we called 911) legal and so on.

[AngelinaCat]

You know how many people sue others for stuff that's their own damn fault? Like the woman who spilled coffee between her legs because she thought it was a good idea to squeeze the cup between her thighs while driving? Didn't McDonalds pay more than a million dollars to that person (and her lawyers)? What about all the cases where people get injured while trespassing on someone else's property, and then sue the owners? A lot of them--or their insurance companies--settle and then pass the costs on to you and me. Same with the people who let their kids run wild in a store, and then sue when they trip and fall.

Didn't you know that if something bad happens to you, it MUST be someone else's fault, and that someone should be made to pay? That's the American Way!

Yes, I know, ALL TOO ******** WELL!

'Hub and are are the victims of a sadistic cyber-bully and cyber-stalker who harassed and bullied us to the point of filing serial frivolous lawsuits against us for NINE years. THAT is what drove us into BK.

How WELL we know!

And we have absolutely NO patience with someone who abuses the legal system, hence my comments about the so-called friend.