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

UPDATED: Jan 18, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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