Legal Question in Insurance Law in California

I was in an auto accident 6 mos. ago. She was at fault, then she said I was at fault. I don't have collision coverage for my car so I paid the repair fees/rental car. She submitted a claim and in the end it went to arbitration. I won. Her insurance company has refused to reimburse me for my damages because in the arbitration submitted by my company, they didn't ask for payment since they didn't pay for anything. I've filed for small claims court (damages were $2000) but the woman who hit me has said she is filing for bankruptcy. Why wouldn't the insurance company pay the damages (as they lost in arbitration)? What happens if I win in small claims, but she files bankruptcy? Does her company have to pay after that or do I not get anything?


Asked on 4/11/10, 7:30 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You can file a motion in bankruptcy court for relief from automatic stay to pursue her insurance policy, only.

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Answered on 4/17/10, 12:08 pm
Steven Murray Steven W. Murray, APC

You can sue her since many people threaten BK but don't file one. Make a written demand on her insurer for your damages first. They might pay. If not, go ahead and sue. If she does file BK, then you will have to get BK Ct. approval to limit recovery to her insurance proceeds, or the Trustee might even stipulate you can do that. Good luck.

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Answered on 4/19/10, 3:47 pm


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