Legal Question in Traffic Law in New York

car accident involving personal injury and no insurance

I need help. I was involved in a car accident in which I was deemed to be totally at fault. The other motorist was severly injured and I do not have insurance coverage. I was totally unaware that my coverage had lapsed the day before the accident. What kind of penalties do I face, and what options do I have if I am sued? I have no money to pay out. Can I file bankruptcy? Also, will my husband be held liable? The car is registerd in my name. Should he file bankruptcy? Currently, I have no assets.


Asked on 11/16/05, 12:28 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: car accident involving personal injury and no insurance

I'm am sorry for your situation.

Bankruptcy is an option after there is a judgment against you. Before that, it will not help you in this matter. If there are joint assests, they might be attached by a judgment.

Wait until a lawsuit commences. Feel free to contact me with any further questions.

Good Luck

RRG

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Answered on 11/16/05, 7:59 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: car accident involving personal injury and no insurance

This will not be easy for you or your husband.

I suggest you act quickly. Transfer your interest in the house out of your name. A 'trust' is recommended.

Similar assets might be handled in the same way.

It is still possible that the insurance company might be held financially responsible. There are cases that actually hold that. If I were the plaintiff (accident victim) I would hold out hope that the insurance proceeds would be available.

Until they actually file an action against you, your only action will be to 'reactivate' by payment in full the insurance policy and securing your assets as best you can if the worst happens.

You are welcome to a consultation for no fee.

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Answered on 11/16/05, 1:52 pm


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