Legal Question in Bankruptcy in California

I was at fault in a rear end accident, I was an excluded driver on my mom's policy. Now I received a subrogation letter asking for payment. I called to ask about payment arrangements and I was told I only had 2 options, which was to pay a lump some or a down payment and then monthly payments for 5 years. I told them that it was still too high for me to pay the monthly. Then I was told that if I don't pay it they will get my license suspended. Do I have any legal options to get it lowered? Can I file bankruptcy?


Asked on 3/31/16, 8:28 am

1 Answer from Attorneys

John Molina Jr. Law Offices of John Molina

If you received a subrogation letter from the opposing insurer that claims that you are at fault, and therefore responsible, for an accident, you have a right to defend yourself against this position. Therefore, if you do not reach some type of agreement with said insurer, they have a right to file a lawsuit against you to be able to collect the amount of their claim. There are certain collection methods that a subrogating insurer and/or their attorney can use against you for the purpose of collecting the amount of the claim they have paid, including suspending your driver license. In defense of their claim against you, you do have a number of options, including filing for federal bankruptcy protection.

If you are interested in speaking to an experienced, capable attorney in these areas to know your options and what actions to take, feel free to contact our office for a no-obligation consultation with an attorney. We can be reached at (888) 790-5053 and/or visit our website www.coronacalawyer.com.

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Answered on 3/31/16, 9:46 am


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