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

UPDATED: May 6, 2013

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UPDATED: May 6, 2013Fact Checked

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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


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

Answered 9 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.

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