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What are our options?

My husband was in an accident. Our car wasn’t damaged but the other vehicle was damaged. He was at fault but no ticket given by police. come to find out, our insurance had lapsed. Other driver is suing.

Asked on August 10, 2017 under Accident Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other driver's lawsuit results in a judgment against your husband, the judgment can be enforced with a wage garnishment or lien on your property.
Since your husband's car wasn't damaged, did the other car only have minor damage?  If it had major damage and the judgment against your husband is a substantial amount which he cannot afford to pay, both you and he could file bankruptcy.  Chapter 7 is straight liquidation which will eliminate that debt.
Apart from the above, there will be penalties from your state for driving without insurance.


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