Legal Question in Personal Injury in Tennessee
car accident sueing
I was in an accident with someone who had no insurance, my uninsured motorists policy covered most of my hospital bills, I am now unable to continue babysitting, my former occupation due to damages sustained from the accident, I am sueing the responsible party, I was told he was filing bankruptcy in order to avoid my lawsuit, can he do this, and if yes, how?
1 Answer from Attorneys
Re: car accident sueing
He probably can file bankruptcy and include your claim as a contingent or disputed debt, but should not be able to single you out as the only creditor against whom he wishes to get a discharge. Look at the petition and review the schedule of creditors and payment plan (if Ch. 13). Of course, your uninsured motorist coverage exists for this very reason. Chances are small that driver w/o insurance could pay a judgment, anyway. If you file suit, the UM carrier may defend in the driver's name or on its own, but you will have a solvent defendant.
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