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Can I discharge personal and property damage incurred in a car accident in Chapter 7

Asked almost 3 years ago - Tacoma, WA

I was involved in a car accident and it was my fault. I was not drunk nor was it intentional. It was an accident. I didn't have insurance, still don't. The property damage to the other car was $15,000 and there was about $10,000 in medical expenses to the other driver. The insurance company is suing me, can I discharge this in bankruptcy?

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Attorney answers (2)

E. Brian Davis

Reputation Level 14

Answered almost 3 years ago. Bankruptcy Attorney in Louisville, KY.

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Assuming you were not drunk and it was not intentional, then we must assume it was merely negligence. And yes, you can generally discharge claims arising out of your own negligence. That discharge may have negative effects on you depending on your state's law, how aggressive your bankruptcy lawyer is, and how pro-debtor the local bankruptcy judges are.

E. Brian Davis

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Gregory J. Jalbert

Reputation Level 13

Answered almost 3 years ago. Chapter 7 Bankruptcy Attorney in Seattle, WA.

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You can generally include in a chapter 7 case these types of debts. If your drivers license has been revoked due to this accident it is also possible to obtain it back.

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