Can I file bankruptcy to get a suspended license back?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file bankruptcy to get a suspended license back?

I was in an automobile accident years ago, I never reported it, I never did anything for it. I received letters saying I did up to 10thousand dollars of damage but I find this hard to believe, I only knocked off there back bumper slightly. Since I did not report this to my insurance, is this why they’re claiming I owe them so much? (my deductable or what have you was $10,000) Their insurance company says I need to pay them all of it out of pocket? I cannot afford thousands of dollar; what can I do? Can I file bankruptcy?

Asked on April 28, 2012 under Bankruptcy Law, Washington

Answers:

Kenneth Berger / Kenneth A. Berger, Attorney at Law

Answered 9 years ago | Contributor

In Washington State, there is a motorist responsibility statute that allows a creditor to apply to the DMV to suspend a driver's license when they have obtained a judgment due to a driver causing a motor vehicle accident.  I assume from your question that this is what has happened to you. 

If so, then you may be able to get your license back by filing for bankruptcy.  I suggest that you meet with an attorney to distinguish if your particular accident is the type where the debt is dischargable in a chapter 7, versus those that would not be dischargable in a chapter 7, in which case you would need to file a chapter 13.  Section 523 of the bankruptcy code describes which debts are dischargable in a chapter 7 and most bankruptcy practitioners such as myself can analyse this issue fairly quickly.  I do suggest using an attorney here because bankruptcy is truely a complex specialty where pro se litigants can get themselves in a whole lot of trouble very quickly.  You will also want the bankruptcy attorney to assess the effect of one type of bankruptcy or another on all of your debts, not just the auto accident debt.

One final thought, the creditor can easily unsuspend your license, if you have set up a payment plan with the creditor.  If you fail to pay, they can re-suspend.  It is a one form sheet of paper submission process with the DMV.

As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.

Good luck!


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption