Legal Question in Personal Injury in Texas

I am being sued for hitting a bicycle rider with my car. I would like to know what my actual risk of exposure is. I have insurance coverage up to 100,000 for bodily injury and earn 56,000 per year (pre-tax.) However, in the last tax year I filed for insolvency. I do not own a home and do not have the title to my car. As I am still paying off debt (especially student debt!), I continue to live hand-to-mouth. Which of these factors are considered if and when the other party is awarded damaged exceeding my coverage amount?


Asked on 10/29/11, 12:32 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If you filed bankruptcy after the accident and were not intoxicated when the accident occurred, the debt may be discharged in the bankruptcy. Effectively this would limit your liability to your insurance coverage. See your bankruptcy attorney.

If the case is settled, your liability is likely to be settled for an amount that is not greater than the insurance coverage as the carrier is probably going to require a release before it cuts a check.

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Answered on 10/29/11, 7:53 am


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