Loxley, AL asked in Bankruptcy and Car Accidents for Alabama

Q: Can you file chapter 7 on a miscellaneous circuit civil case involving automobile accident in Alabama

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4 Lawyer Answers

A: Yes. However, it it involves injuries resulting from s DUI, it will not be dischargeable.

A: Under section 727 the Court may deny you a "discharge" if the accident was your fault and you were drunk at the time. Otherwise, any and all damages flowing from the accident are nothing more than "debts" which are dischargeable.

A: Yes, unless the claim against you includes damages for death or personal injury caused by your operation of the automobile while intoxicated. If your driver's license or car tag was pulled because you didn't have liability insurance, you can get the license or tag back, once you file bankruptcy, PROVIDED you obtain liability insurance going forward.

A: If you intended to cause the crash--i.e. rammed the other car, that also would not be dischargeable.

However if you are asking because someone sued you and the insurance company said "we only cover you so far," talk to the attorney they get you before filing--filing for bankruptcy can affect other aspects of your life and the attorney making the claim has no interest on levying on you, your house, your earnings in nearly all cases.

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