If I caused a car accident 2 years ago in which multiple cars were involved and now one of the driver’s insurer’s wants to sue for the damages of the vehicle, what will happen to me?
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If I caused a car accident 2 years ago in which multiple cars were involved and now one of the driver’s insurer’s wants to sue for the damages of the vehicle, what will happen to me?
I’m still a college student and unemployed.
Asked on September 10, 2015 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the insurance company files a lawsuit and you don't file an answer to the complaint complaint is the lawsuit within 30 days after being served, the insurance company will file a default which means you will have lost the case unless you file a motion to have the default set aside.
The insurance company will get a court judgment against you. Since you can't afford to pay the amount of the judgment, it would be advisable to file Chapter 7 bankruptcy at that time. Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.
It would be advisable to wait on filing bankruptcy until all of the "multiple vehicles" file a lawsuit against you before filing bankruptcy, to include all of them as creditors.
If it is not possible to wait until all of the other insurance companies for those "multiple vehicles" file their lawsuits against you before you file for bankruptcy, you can amend your bankruptcy to include them as creditors when you know the amount each of them is seeking as compensation. Again, all of these debts can be eliminated by filing Chapter 7 bankruptcy.
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