Miami Beach, FL asked in Bankruptcy, Personal Injury, Civil Litigation and Insurance Defense for Florida

Q: I'm being sued for an accident that happened in 2013 according to lawyer client was injured. I filed for Chapter7 in2015

I was involved in a minor accident in 2013. According to police, I was at fault. I had insurance at the time and the claim was paid. So I never heard from it again. Today, I received a lawsuit noticed from a lawyer suing me and the insurance company for not having liability coverage at that time. Lawyer stays his client was injured as a result of the accident and is still in pain, not allowing her to work. I filed Chapter 7 in 2015 due to financial hardship and it was discharged in October 2015. What are my options ? Am I liable for something that happened almost 4 years ago? Can I get sued for that even though I filed for Chapter 7 due to hardship in 2015?

3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: A person who is injured in an auto accident can file a suit within 4 years. You need to notify your insurance company immediately and provide the insurance company a copy of the lawsuit.

Your bankruptcy could bare the lawsuit however you would have to if included this claim in the bankruptcy in order for it to bar this lawsuit. Based upon your statements it sounds like you did not include this lawsuit or the underlying claim in your bankruptcy.

Get the lawsuit to your insurance company you had at the time of the accident to see if they will cover the same.

1 user found this answer helpful

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Bankruptcy Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: And make sure your insurance company is aware of the 2015 bankruptcy. Also, it appears that the plaintiff failed to inform his or her present lawyer that the claim has already been paid.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered

A: Hopefully you included this in the claims. If it wasn't because you thought it was paid, then you need to talk to the lawyer you had.

As to the lawsuit, you need to make a copy and give it to the insurance you had back when the crash happened. The insurance you had had liability so I assume they are saying it wasn't enough. But if they were paid your company would have asked for a release.

Don't just notify them by phone. Send a copy of the papers you were served by fax and by certified mail. Write on the top the claim number you had. If you don't have that now you need to call up your company, give them your ID information, the address you had at the time of the wreck, date of the wreck, they should be able to pull up the claiom number.

Write it down. Any correspondence you send your company needs that claim number. Make a copy of any letter you send them.

Get the address you use for mail, the fax number for the claim handler or department if the file was close, make sure they have your present contact information.

They should be getting you an attorney/

1 user found this answer helpful

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