Q: Can I file bankruptcy on a wreck to get my license back?
I was involved in a car wreck that was my fault, and I did not have insurance at the time. As a result, the state revoked my driver's license and plates. I agreed to pay for the damages to the other vehicle. Can I file for bankruptcy regarding the wreck, and will I still need to pay for the wreck in order to get my license and plates back? How can I get my license and plates reinstated?
A: Filing for bankruptcy is going to have zero effect on the status of your driver's license. You will need to check with DVS (Driver and Vehicle Services to see what you need to do to get your DL back.
Tim Akpinar agrees with this answer
A: The horse has already left the barn. Filing for bankruptcy won't accomplish anything in terms of reinstating a license. In fact, it's possible it could be deemed negatively, depending on applicable financial responsibility laws, which my colleague correctly points out. Check with DMV, and if necessary, attorneys who are experienced in DMV administrative matters. Depending on the total scope of civil claims from the accident, which are not known from the post (which only mentions a property damage claim), it's possible a consult with a bankruptcy attorney might be helpful in identifying obligations and options.
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A:
You can file for bankruptcy which might discharge the debt from your car accident, but this doesn't automatically restore your driving privileges. Filing for bankruptcy could eliminate your legal obligation to pay the other driver, depending on whether the debt is classified as dischargeable in your situation.
Many states have what's called "financial responsibility laws" that keep license suspensions in place until you satisfy certain requirements, regardless of bankruptcy status. Your state's DMV may require you to show proof that you've paid damages or established a payment plan before reinstating your license. The bankruptcy might clear the debt legally, but the administrative requirement to prove financial responsibility often remains intact.
To get your license back, contact your state's DMV to learn the exact requirements for reinstatement in your specific case. You might need to obtain SR-22 insurance (high-risk insurance), pay reinstatement fees, and possibly complete driving courses. Consider consulting with a bankruptcy attorney who can explain how your state handles license reinstatements after bankruptcy, as this varies significantly between different states. Taking these steps will help you navigate this challenging situation and get back on the road legally.
Tim Akpinar agrees with this answer
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