Legal Question in Bankruptcy in California

Settlements against you

I was involved in a auto accident in early November. I did not have license/insurance/registration (Completely my fault)Her ins. agent called to comfirm that I do not have ins. I told them I do not, and 3 days later they call again to say that their insured and the passenger are injured. that is impossible (it was a very small accident, and she hit me) my question is, if they do end up suing me and the settlement is in her favor, if I file bankruptcy, will those costs be covered? I plan to file in Feb. 03, but if those costs will be covered, I'd be better off waiting until then, right? HELP?!?!! I need advice!

Thank you!

Nicole


Asked on 12/23/02, 2:15 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Settlements against you

Normally the bankruptcy covers debts incurred up to the time of filing, so the accident would likely be covered. Exceptions include intentional torts (you meant to hit the car) and fraud (you staged the accident to get money).

Consult with a bankruptcy attorney, as you likely do not have to wait for some kind of resolution to the auto accident, and you may indeed be better off taking care of this now before any judgment is entered in the auto matter.

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Answered on 12/23/02, 2:36 pm


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