What are my rights if I was driving my ex-boyfriend’s car and got into a small accident?

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What are my rights if I was driving my ex-boyfriend’s car and got into a small accident?

I was unaware that my ex-boyfriend’s car was uninsured. The insurance company for the other driver is suing me for $35,000. Also, my ex-boyfriend’s car is under a company came that no longer exists. He is a big scam artist. Anyhow my license is suspended because of an unsatisfied judgement. If I file for bankruptcy, would I be able to drive again or do I have a case here where i can sue my ex boyfriend?

Asked on August 21, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) No, filing for bankruptcy will not immediately restore a license suspension due to not satisfyng a judgment, because the judgment will still not be satisfied. After the whole bankruptcy process is over, when the debt has been discharged, you may at that point be able to get your license reinstated.

2) You write that the car was "under a company name that no longer exists." If the company was an LLC or corporation that has been dissolved, you cannot sue the company, because it does not exist; and you can't sue the ex-boyfriend, because you can't sue the owner of an LLC or corporation for a debt or obligation of the LLC or corporation.

3) Just because you are being sued for $35k does not mean you'll have to pay it:

a) The other party has to prove you were  at fault (such as by driving carelessly or negligently) in causing the accident--if the other party was at fault, for example, you would not have to pay them.

b) Even if you were liable (at fault), they still have to prove the exent and costs of any property damage and injuries; they can't simply ask for and get whatever they want, but can only get an amount related to the extent of damages and injury.


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