Involved in auto accident summons received

My brother was involved in an auto accident 2 years ago that was his fault. The auto ins does not want to settle as they want more than the limit. The other driver has an attorney and changed attorneys. It was a small accident and the other driver is claiming more medical issues as a result. We now get a summons. What happens now. Can they go after him for the damages?

Asked on March 16, 2017 under Accident Law, Indiana


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

Answered 3 years ago | Contributor

Your brother can be sued for negligence for more than the policy limit of his auto insurance policy.
If the lawsuit results in a judgment against your brother which he is unable to pay, at that time he should file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.

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