CanI file bankruptcydue toliability for an auto accident, ifI had no insurance?

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CanI file bankruptcydue toliability for an auto accident, ifI had no insurance?

I was at-fault but I am unemployed, homeless, and have alot of other debt.

Asked on January 18, 2011 under Bankruptcy Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may file bankruptcy to discharge (or get rid of, in whole or in part) almost any kind of debt, including debts resulting from auto accidents, and including auto accidents in which you were not insurerd. However, if you were DUI or DWI, then you can't; there are a few kinds of debts which cannot be discharged in bankruptcy, and debts incurred by causing injuries or property damage when DUI or DWI are one of them. So if you were under the influence and that's what caused your accident, then unfortunately, bankruptcy will not help you. However, otherwise, you should be able  to discharge the debt in bankruptcy. Of course, you may not eliminate it entirely; based on your income, assets, and the type of bankruptcy you file, you will likely still have to pay at least  part of the debt.


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