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Person that hit me filed chapter 7. What now?

Reno, NV |

I was injured in a multi-car accident (I was rear-ended - I was the last car in the chain and had no fault in the accident). The accident initiator was DUI. She was minimally insured. I also have both insurance and UMI. The initiator has filed chapt. 7 and (I believe) has very little assets. Questions: Where can I get a list of debtor's current assets? Can I get both the accident insurance money and her current assets (if any)? Which should I file: a proof of claim or is a motion for relief from stay? What are the pros and cons of each? If I file a motion (proof or relief), who do I have to serve this motion (I know the trustee, the debtor, and her attorney), but do I also have to serve the various insurance lawyers involved in the personal injury case? Would love free consult/leav ur ph#

Attorney Answers 8

  1. The insurance proceeds on the DUI person are exempt from the bankruptcy estate. Safest route to get that money is to lift the stay. However, if other persons were also injured so there are multiple claims on that money, the insurance lawyers will try to settle with everyone if possible, and if not possible, will interplead their policy limits to have the court (not the bankruptcy court, but the district court) determine how much each injured person gets. A bankruptcy is a public filing, so you can get a copy of what the debtor is claiming as assets. Most likely everything claimed is exempt from execution. However, it costs you nothing to file a proof of claim in the bankruptcy (if there are assets from which these may be paid) so you may wish to do so. When dealing with the bankruptcy case, you only need to notice the debtor's attorney.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

  2. You can obtain a listing of the debtor's assets and liabilities directly from the bankruptcy court. If there is insurance, you should make sure you have your claim in to the insurer, as well as to your UIM carrier. With regards to the bankruptcy, consult with a bankruptcy lawyer to determine which course of action you should follow.

  3. Retain a local personal injury attorney - you are making a BIG mistake if you are handling this yourself.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  4. You must get bankruptcy court approval to proceed to collect from the liability policy. You need an attorney for this. From there, it would be handled like a normal injury claim. Typicslly its a pretty smooth process. I do injury cases as well as bankruptcy. I would be happy to sit down with you. Free

  5. Any of the above lawyers in the state would love to give you a free consultation, and resolve this for you.

  6. You have so many issues here, that it is foolish to attempt this without a lawyer. And note that a free consultation is about hiring the attorney, not for advice on handling things yourself.

    Bankruptcy courts routinely grant partial relief from stay to pursue insurance proceeds.

    There are specific requirements in bankrtuptcy for having DUI caused injury exempted from discharge; if you don't do this right, you get discharged.

    You really, really need an attorney.

  7. This is a classic example of when people should hire a personal injury attorney to help them with their cases. You should contact one of the answering attorneys in your area or, use the "Find a Lawyer," feature to help you find the appropriate attorney for your needs. Best of luck.

  8. If you're in an accident and the other driver is uninsured or underinsured, will you be covered? If you have uninsured/underinsured motorist protection (UM/UIM), the answer is probably "yes." According to the Insurance Research Council, the estimated number of uninsured drivers can reach 25% in some states.

    What is UM or UIM?

    Uninsured or underinsured motorist coverage can pay for injuries to you and your passengers, and in some locations damage to your property, when there is an accident and the other driver is both legally responsible for the accident and considered "uninsured" or "underinsured."

    An uninsured driver is someone who did not have any insurance, had insurance that did not meet state-mandated minimum liability requirements, or whose insurance company denied their claim or was not financially able to pay it. A hit-and-run driver also counts as uninsured as it relates to bodily injury (UMBI).

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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