What to do if I’m being sued for an accident that what my fault?

I’m being sued for an accident that was my fault. My insurance policy paid the policy limits of $25,000. The plaintiff”s insurance company is suing me for another $16,000 plus court cost. I’m currently unemployed and don’t have $16,000 in assets.

Asked on October 20, 2011 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If or when the other party obtains a court judgment against you, file for bankruptcy.  Chapter 7 bankruptcy is straight liquidation.  This will prevent the other party from enforcing the judgment against you.  Until a judgment has been entered against you, it would be premature to file bankruptcy because you would not know the total amount of the judgment.  You will need to list all of your creditors when you file bankruptcy.

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