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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Car Accident Lawsuit in Excess of Policy Limits

    My question involves an injury that occurred in the state of: Alaska
    I was involved in an auto accident in mid 2009 and just before the 2 year liability gap could expire I was served a complaint.
    the defendant is asking for $100,000 and I'm only covered to $50,000. I've been appointed a lawyer through my SFarm. I'm no where near the worth of $100,000, only asset owned is various unextravogant household goods, 1% owner of undivided land in which my percentage is worth $25,000 at max, and a $450 vehicle. I'm also already $25,000 dollars in debit from past credit cards and student loans.
    From what I understand, the way this could go is my lawyer should be trying to get them to agree to just take the $50g in which case they'd have to sign something saying they won't persue me further for damages. Or they can decide to not take the guaranteed $50,000 and come after me personally for the full $100,000. Which hopefully wouldn't happen after I show them on paper what I'm worth.
    My main question here is, if they come after me for the full $100,000 and I'm ruled against for that full amount. Would I be able to declare bankruptcy and be safe from having to pay?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,782

    Default Re: Car Accident Lawsuit in Excess of Policy Limits

    If you are sued for more than the $50k, your insurance company will pay up to the $50k policy limit. There will be a judgment against you for the remainder. Due to that, there really isn't any reason they shouldn't sue you for the greater amount.

    Some debts are not dischargeable through BK. Without knowing more about the accident there is no way to answer whether it would be dischargeable in BK or not.

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