What to do if just over a year ago my boyfriend was involved in an accident for which was his fault but uninsured and he is now being sued?

He did not have insurance and is now being sued by the other individuals insurance company for $15,000. Since the time of the accident we’ve since moved to another state. We cannot afford an attorney and I do not know what to do. He would like to ignore it but I know this will not resolve itself. What are our options? Should we try to make some sort of deal or is too late for that?

Asked on November 23, 2015 under Accident Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since he didn't have insurance and was at fault for the accident, he's being sued for negligence. His liability will include property damage (i.e. cost of repairs to the other vehicle) and any personal injury claims of the driver/passengers of the other vehicle. Ignoring hte situation won't change things. When a court judgment is awarded against him (and it is virtually certain to be under the circumstances), he might want to consider filing for bankruptcy. A Chapter 7 is a straight liquidation which will eliminate this debt (and most others for that matter). As for trying to cut a deal, it is always worth a try if your boyfriend has any money with which to cut a deal. However, before doing that he should consult with an attorney first to be more fully advised as to all of his options.

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