Legal Question in Personal Injury in California
Insurance company files bankruptcy
I filed a complaint for personal injury claim against the person who rear ended my car. The attorney of the insurance said that they can only pay up to the maximum limits of the auto policy.
After a week , I received a letter notifying me that the insurance company filed bankruptcy and there is an automatic stay on the case.
Can I proceed with this case against the person who rear ended my car to determine the total amount of claim and file for uninsured motorist protection under my policy or do I have to wait until automatic stay is lifted ?
2 Answers from Attorneys
Re: Insurance company files bankruptcy
You should seek counsel immediately. The bankruptcy of the insurance company should not stay the action against the at fault driver. You pleadings need to be reviewed. Please call me directly at (619) 222-3504.
Re: Insurance company files bankruptcy
the stay does not apply to your case unless you sued the insurance company directly.
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