Legal Question in Personal Injury in California

Re: Effect of Defendant filing Chapter 13 BK on my Case

Generally, when the defendant declares BK, his ins. policy still is good and is available for claims. You would still make your claim against his ins. co. You'll need your own ins. for pain and suffering. As for your doctor bill, you are still ultimately responsible. The BK has no bearing on your bill. If you are in the Orange County area, call me--I think you may need some help with this.

Re: Effect of Defendant filing Chapter 13 BK on my Case

This is a good example of why personal injury law is like one of those wooden marble mazes where you have to steer the little marble around all of the holes, or else the marble falls through one of the holes, and you lose. Experienced lawyers know where all the little holes are and how to navigate your case so you do not lose your marbles. A Chapter 13 BK will not affect the validity of the other person's auto insurance. But you might have to file a claim with the bankruptcy court in the proper form, and within the proper legal deadline, to protect your rights. You might also have to file a motion for relief from the "automatic stay in bankruptcy" in order to sue. Then again, you might not have to do either of these.

Re: Effect of Defendant filing Chapter 13 BK on my Case

all is well. not to worry. if the party was insured, you will be seeking to recover from their policy, which is not effected by the bankruptcy.

you really should have an attorney if you don't. he or she would know all of this, and you would not have to worry about these issues.

Re: Effect of Defendant filing Chapter 13 BK on my Case

Chap 13 is not technically a bankruptcy, and you should be able to pursue your claim, and have their insurance still respond. If the case has enough damage/medical bills to justify retaining an attorney, you can contact me to discuss.

Re: Effect of Defendant filing Chapter 13 BK on my Case

Yes. Yes. Yes. You will have to apply for relief from the Bankruptcy stay to proceed against the insurance limits and reserve you right to pursue any deficiency judgment in the Chapter 13 proceeding.