Legal Question in Personal Injury in Indiana
If a defendant in a civil lawsuit files for bankruptcy, does that foreclose all possibility of a recovery against that defendant? The civil suit is about a car crash, the collision was clearly the defendant's fault. He was uninsured, so I'm pursuing a UIM claim against my insurance company, but if my damages are more than the policy limits, am I out of luck?
2 Answers from Attorneys
You need present more facts before this inquiry can be answered as there are some circumstances when a bankruptcy does not discharge a motor vehicle liability.
If you are using the proper terms, you misunderstand the process. You cannot have a UIM claim until the at-fault driver's insurance tenders its policy limits. You cannot accept the policy limits unless you sign a Release of Claim. Whether the Defendant files bankruptcy is irrelevant to you. You can NEVER sue him because you waived that right when you accepted their check. If he has any sense, he will wait until you insurance company asserts its subrogation claim, then file bankruptcy. That may enable him to legally drive without repaying your insurance company.
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