What can I do if I was in an auto accident a year ago but the lady who hit me with her car had no insurance and has now filed for bankruptcy?

UPDATED: Nov 6, 2013

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What can I do if I was in an auto accident a year ago but the lady who hit me with her car had no insurance and has now filed for bankruptcy?

I was a pedestrian and hired a lawyer. I had a court date set but am now being told that she will be able to get away withnot paying my medicial bills. Since it will be in bankruptcy court, can I fight that or have my say at her court date? Will I too have to go and file bankruptcy because she lied and said she will pay many times then filed bankruptcy? I am confused.

Asked on November 6, 2013 under Personal Injury, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If she is filing for  bankruptcy, there really is nothing you can do: her debt to you arising of the accident would be an unsecured debt which can be discharged in bankruptcy. It is unfair that she can do this, but it  is her legal right. It does not matter whether she was at fault, or previously promised to pay and reneged, or anything else she did that was morally or legally wrong--she can still file bankruptcy. You have that option, too--to file bankruptcy--and it may be someting you should consider, if you are burdened with medical bills you cannot pay.

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