What to do if I got into a car accident 3 years ago and am now being sued?

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What to do if I got into a car accident 3 years ago and am now being sued?

No police were called but we exchanged insurance information. Now 3 years later, I got a letter from my insuraer that they haven’t been able to settle with the guy and a lawsuit may be filed against me. He is claiming double what my insurance coverage limit is for bodily injury. What happens if he sues me but I have nothing; I’m not even working right now?

Asked on May 6, 2013 under Personal Injury, Hawaii

Answers:

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

Answered 10 years ago | Contributor

Your auto insurance company will provide you with an attorney at no cost to represent you in the event of a lawsuit filed against you.  The attorney will handle the case for you.  If there is a judgment against you in an amount you can't afford to pay, it would be advisable to file bankruptcy at that time.  Until there is a judgment against you, it would be premature to file bankruptcy because you wouldn't know the amount of the judgment.

Chapter 7 bankruptcy is straight liquidation which will eliminate certain types of debts.


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 AttorneyPages.com 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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