If I am awarded monies in a civil case as result of injuries from a cited automobile driver, can the driver simply claim bankruptcy to avoid paying?

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If I am awarded monies in a civil case as result of injuries from a cited automobile driver, can the driver simply claim bankruptcy to avoid paying?

I was struck by SUV while cycling. Medical bills and lost wages are already exceeding 100K that cited driver’s insurance company wants to pay out. Of course, I loose right for further litigation by accepting payout. I am being told if I win in a court case against the driver, the driver will probably just file bankruptcy. As a result, I will receive no money at all. Is this factual? Does this happen frequently with PI cases?

Asked on February 28, 2012 under Accident Law, Florida

Answers:


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