If I was in a car accident with no insurance, am I able to file bankruptcy? 21 Answers as of May 02, 2014

I was on a small car accident about a month ago. Insurance company wants $4,186.44 from me. I have no job at the moment, no way I can pay that. What should I do?

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Yes, and do it before you lose your driver's license. Takes a long time to get it back.
Answer Applies to: Texas
Replied: 5/2/2014
Hicks, Massey & Gardner, LLP
Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
A bankruptcy would eliminate this debt, although that alone is a rather small amount to file on. One thing to be aware of is that, if the insurance company sues you and gets a judgement, your license could be suspended because you had no insurance. A bankruptcy would prevent this.
Answer Applies to: Georgia
Replied: 5/1/2014
Stephens Gourley & Bywater | David A. Stephens
Yes unless you were under the influence at the time of the accident.
Answer Applies to: Nevada
Replied: 4/30/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
That would be covered in the bankruptcy.
Answer Applies to: New York
Replied: 4/30/2014
Ronald K. Nims LLC | Ronald K. Nims
As long as you weren't drinking at the time of the accident. Bankruptcy will cover your liability. You will be subject to Ohio's Financial Responsibility Law and will have to buy very pricey insurance or post a bond to get your license back
Answer Applies to: Ohio
Replied: 4/30/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    If you have access to about $1,500 cash (e.g., from friends or family members), offer the insurance company $500 cash or tell them you will file BK. You may end up around $1,000 or so and can avoid filing BK. If you have no access to money, BK may be your only option.
    Answer Applies to: Colorado
    Replied: 4/29/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You could file bankruptcy and that debt is dischargeable. You may have to as a judgment such as this may be cause for you to lose your license. You can take care of that situation by filing bankruptcy.
    Answer Applies to: Minnesota
    Replied: 4/29/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If this is your only debt, you should make payment arrangements with the creditor. Bankruptcy is appropriate for those with massive debt, typically at least $20,000 or more. BTW, if you don't pay the insurance company, you will lose your drivers license unless you start making agreed payments. And stop driving without insurance.
    Answer Applies to: Nevada
    Replied: 4/29/2014
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    Yes, you can discharge the debt resulting from an uninsured car accident, as long as you were not cited for DUI.
    Answer Applies to: Oregon
    Replied: 4/29/2014
    Danville Law Group | Scott Jordan
    Bankruptcy is probably not the solution right now. Tell the insurance company you don't have any money, don't have a job and tell them to go pound sand. They may sue you and obtain a judgment, but it you have no wages to garnish or money in the bank, you are currently judgment proof. If you do obtain a job or receive money somehow, you may wish to consider bankruptcy at that time.
    Answer Applies to: California
    Replied: 4/29/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy is an option.
    Answer Applies to: California
    Replied: 4/29/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    Filing bankruptcy over one debt is not typically advised. But if you have other debts that could be discharged then it might be a good idea for you to file for bankruptcy protection.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Baner & Associates | Sandra M Baner
    In most circumstances you may discharge your liability from an uninsured auto accident through bankruptcy and retain your driving priveleges. You may also request an installment payment to repay the debt and prevent your license from being suspended or revoked.
    Answer Applies to: Wisconsin
    Replied: 4/29/2014
    Law Office of Shirly L. Horn | Shirley L. Horn
    Yes you can file a bankruptcy on that debt. If illegal substances or alcohol was involved and there was an injury that debt may be non-dischargeable.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Yes, you can discharge what you owe from a car accident unless it was personal injuries caused by drunk driving.
    Answer Applies to: Connecticut
    Replied: 4/29/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes as long as you were not charged with a DUI
    Answer Applies to: Florida
    Replied: 4/29/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Filing chapter 7 bankruptcy will allow you to prevent the insurance company from having the BMV suspend your license for failing to pay for the damages. The BMV may still suspend your license for not having insurance but it is a much shorter suspension typically. If you were charged with drunk/drugged driving as a result of the accident, then bankruptcy probably not protect you from that judgment/ debt. You need to talk to a bankruptcy attorney.
    Answer Applies to: Indiana
    Replied: 4/29/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Bankruptcy will only wipe out property damage, not personal injury. If you do not have any other debts, maybe you should hold off on the BK. They have to take you to court before they can get a judgement against you. They may turn it over to a collection agency and they may offer you a deal. If they do not or if they take you to court, you can still declare bankruptcy then.
    Answer Applies to: California
    Replied: 4/29/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    I would try to set up small payments. It would cost almost as much to file bankruptcy as you owe them. Good luck!
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    $4200 is a significant amount, but in the overall scheme of things it may well be better for you to try to make some kind of arrangement for installment payments than to suffer the bankruptcy and its repercussions.
    Answer Applies to: Michigan
    Replied: 4/29/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    You can file for bankruptcy to discharge that debt. If that's the extent of your debt, however, bankruptcy might not be your best option.
    Answer Applies to: Michigan
    Replied: 4/29/2014
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