Legal Question in Personal Injury in Texas

A woman backed into my vehicle Thanksgiving night of 2009. She admitted full fault to me as well as to the policeman who took the report. However after the holidays, when contacting her insurance company, it was found that her insurance was cancelled. After that, she has made many excuses and promises to pay but has not come through. She has also stated that she is filing bankruptcy. Can she get out of paying me for the damages of my car simply because she files bankruptcy? Also, can I still file a civil suit should she be in bankruptcy?


Asked on 5/03/10, 1:24 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

You should check with your insurance company to see if you have uninsured coverage or comp/collision. Then your insurance company can repair your car and seek reimbursement from her. To answer your question, if she files bankruptcy, then you would have to file a claim in bankruptcy court. If she hasn't filed yet, then you can sue in small claims court.

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Answered on 5/08/10, 1:43 pm


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