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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default What Happens if Somebody Who Hit Me With Their Car Files Bankruptcy

    I was injured in a car accident while working on a highway. I filed a personal injury claim. Now the person who hit me is filing bankruptcy. What happens to my claim?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: What Happens if Somebody Who Hit Me With Their Car Files Bankruptcy

    If the person was insured, the bankruptcy does not change their insurance coverage -- that remains available.

    To the extent that you try to recover damages in excess of the policy limits, part or all of any excess injury claim could be discharged in bankruptcy. It would be necessary to litigate any excess claim in bankruptcy court, or have the court grant leave for it to be resolved in your personal injury lawsuit. If there are unusual facts, such as the person's having hit you intentionally or having been voluntarily intoxicated at the time of the injury, you have can ask the court to deny the discharge of any compensation owed to you as a result of the incident.

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