If the at fault driver was legally intoxicated then he cannot discharge this claim if he does file for bankruptcy. If he does file then you need to contact an attorney to fight for your claim.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
If at fault driver is DUI, he /she cannot escape responsibility / liability by filing for protection under the bakruptcy rules. At least as to a compplete discharge or reduction of the sum owed. MIGHT be able to put debt into a plan to be paid with in length of plan.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Under the DUI facts that you disclose, chances are the adverse party could not discharge the claim in bankruptcy.
The injured parties should seek competent representation from a personal injury attorney.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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That wouldn't be ethical nor the right thing to do would it? Drink, injure people and then file bankruptcy. The general rule is that you can't discharge this with DUI, but there are exceptions, thus, discuss with a local bankruptcy lawyer.
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