My 7 yr old son and I was hit by a uninsured motorist from behind. He was at fault. Can he file Chptr 7, to get out of paying for damages and injury?

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My 7 yr old son and I was hit by a uninsured motorist from behind. He was at fault. Can he file Chptr 7, to get out of paying for damages and injury?

Asked on June 24, 2009 under Bankruptcy Law, Missouri

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  The person who hit you can file chapter 7; however, this does not necessarily mean that you are not able to get compensated.  You need to hire a lawyer and submit your claim to your insurance carrier.  Most insurance companies, including your own, have clauses in their policies that say that they will step into the shoes of the at fault driver that does not have insurance.  There you need to call the carrier to find out your maximum coverage.  If it is not enough and the at fault guy filed BK, then you may have an issue collecting the rest.


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