intrastate auto accident

[katatonic]

What is the name of your state? Ohio

A couple of years ago my wife was in a rollover accident that thankfully no one was seriously injured however it totaled my vehicle. The vehicle was worth at least $20k at the time. Here is the problem. We lived in Texas the accident happened in Missouri and the person who caused the accident lives in Oklahoma. The man who caused the accident was uninsured we only had liability on the vehicle at the time. I was told if we sued he could just file for bankruptcy and not pay a dime. Is there anything that can be done in this situation? It seems criminal that a person can just walk away from paying for this especially since it is state law (in all three states) that everyone carries insurance.

 

[mlk1978]

There is a built in clause on everyones insurance policy that states that when you are in an accident your insurance will automatically default to the higher of your state's laws or the state in which your accident occurred.. so your not going to have any problems that way. As far as the bankruptcy thing goes. You should talk to a bankruptcy attorney, but I'm pretty sure that "injury" claims including punitive (meaning punishing the at fault driver) are not allowed to be filed upon. Meaning even if he did file, he is probobly gonna have to pay you anyway. Every case is different but I just had a friend who file bankruptcy and he still had to pay they guy he hit at well. But again that is a bankruptcy issue. I would double check with a bankruptcy attorney just in case.

Also, take a look at your texas policy and see if you have uninsured/underinsured motorist coverage. you may be able to sue yourself to get your money.

 

[xylene]

What did your insurance tell you?

 

[Zigner]

EXACTLY how long ago did this happen?

EDIT - on second review - probably won't matter as SOL is 5 years in Missouri.

 

[katatonic]

No payment

I only had liability. I carried no uninsured motorist (big lesson learned there). My insurance company was not obligated to pay anything.

 

[katatonic]

time of accident

The accident happened the summer of 2004.

 

[mlk1978]

You can have uninsured/underinsured without having full coverage. Because it is considered liability only. (liability that you carry for the other guy incase of an instance like this one) It's a bummer your agent didnt offer it or explain that. I'm sorry, i couldnt help you any further. But definately call an attorney to find out if they can file on property and punitive damages for sure.