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What can I do?
My son was in an accident 7 months ago; the person who hit him was a minor. When talking with the mother, she told us and the police that she had insurance. She also said that she would pay to our vehicle to be repaired. However, when I contacted her insurance company, the policy had lapsed and she refused to pay to have our car repaired. We went to civil court and won a judgment against her but she has since filed bankruptcy. What can we do to get the money from her to have our car fixed?
Asked on May 17, 2019 under Accident Law, Mississippi
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can't do anything other than put in a claim with the bankruptcy court in her bankrupty case and then receive whatever amount--if any--the bankrutpcy court eventually gives you when her bankrutpcy is finalized. Bankruptcy works against claims for or judgments for damages from car accidents, and bankruptcy law, being federal, overrules the state court judgment: all you'll get is whatever you, as one of her creditors (someone to whom she owes money) get through the bankrupcy process, and to get even that, you must put in a claim in her bankruptcy. Contact the bankruptcy court for instructions in doing this.
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