Legal Question in Personal Injury in Florida

I was involved in an accident where the other party was deemed at fault. I was carrying liability only. There were no injuries. The other party has no insurance and now my vehicle may be totaled and I'm without a vehicle, and still owe $16000 to the bank. I feel if I sue she will file bankruptcy. What would you reccomend I do?


Asked on 12/09/09, 7:33 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Sue. No reason not to.

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Answered on 12/14/09, 7:51 pm
Brent Rose The Orsini & Rose Law Firm

Suing may not be the answer if you are certain she will file bankruptcy. You'll only be wasting your time and the cost of the filing and service fee. If you hire a lawyer, you'd be out a lot more. You may just be stuck. Some debts from car accidents can't be erased in bankruptcy, like debts related to DUI, so you may want to check with a bankruptcy lawyer. If she doesn't file bankruptcy, you should be aware that, if you sue and win, you can have her license suspended until she wins.

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Answered on 12/14/09, 9:02 pm


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