North Hills, CA asked in Bankruptcy and Car Accidents for California

Q: I have a bill for an accident my daughter had in my car for $7000 if i file bankruptcy can they still charge my daughter

Both of our names are in the bill they had sent She drove my car and my insurance is full coverage but didn’t want to cover damages because she is not in the policy the other insurance called me asking for the whole amount of $4300 in damages of the truck i ask them to send me a bill because i never received one i thought it was fraudulent call I said i dont have the money i offer monthly payment they didn’t accept my offer they sent the case to a lawfirm

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5 Lawyer Answers
Henry George Haddad
Henry George Haddad
Answered
  • Los Angeles, CA
  • Licensed in California

A: Unless your daughter is a minor, she would be independently liable for the damages even if you filed for bankruptcy protection.

Timothy Denison agrees with this answer

Leon Bayer
Leon Bayer
Answered
  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: You and your daughter are both equally liable. Your bankruptcy can discharge only the claim against you. It does nothing to protect your daughter; they can still go after her.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, whether or not your daughter can still be held responsible for the $7,000 bill depends on several factors. Firstly, your full coverage insurance should typically cover damages caused by permissive users of your vehicle, such as your daughter. However, if your insurance denied coverage due to her not being listed on the policy, it might lead to you being personally liable for the damages.

Filing for bankruptcy may help you discharge your personal liability for the debt, but it might not necessarily relieve your daughter of her responsibility if her name is on the bill as well. In California, joint debts can sometimes be discharged through bankruptcy, but it may still impact her credit.

It's important to consult with an attorney experienced in bankruptcy and California law to fully understand your options and potential consequences. They can provide guidance on how best to handle the situation and protect both your and your daughter's interests.

Timothy Denison agrees with this answer

T. Augustus Claus
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Answered

A: In California, declaring bankruptcy can help shield you from specific debts, like bills resulting from car accidents. If you file for Chapter 7 bankruptcy, most unsecured debts, such as a $7,000 bill, might be canceled. This means you wouldn't be legally required to pay it anymore.

Yet, there are exceptions to keep in mind. Your daughter could still be personally responsible for the entire bill. Because she was the driver and not covered by your insurance, she might lack legal protection for the accident.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. She would still be liable.

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