I had an accident in 2006 at the time i did not have insurance,i only had my car for no longer then twelve hrs?

by **ruddy** » Mon Apr 04, 2011 7:34 am

I was involved in a three car collision on April 14, 2006 and the police here in Alabama put me in fault at the time I did not have insurance the car had just been purchased twelve hours additional to the accident. I was sent to the hospital because i was hurt in the collision so I wasn't able to write a statement at the time of the accident. At the time I was 18 and fresh out of high school so I didn't know what steps to take. My mother informed me that she would help me get out of this and show me what steps I needed to take in order to take care of the whole situation. I never actually got the chance to do so because shortly i was kicked out and ended up moving out of state. Late 2008 I moved back to my regular resident in Alabama and a day later I was approach with a summons for a court date. My license was suspended in 2006 and reinstated by me in 2008 and again suspended in 2009 and still they are suspended. Just recently(September makes a month) I was pulled over by a state trooper and was ticketed for no proof of insurance(which is my own fault this time) and also for suspended license. I was told by the state trooper to file sr22 insurance and I was issued a court date on November 9 of this year. He informed me that I needed to go to the DMV which I did and they told me in order to get my license back I would have to call the attorney in Birmingham(who is the reason my license are being suspended) and speak with him and he will have to notify the DMV for me. I also went to an insurance company, getting the insurance isn't an issue talking to the attorney who has sued me for $27,000 is the issue. What actions is best for me to take, I have been told by many that filing bankruptcy is my best choice and that I should file Chapter 7. Now my question is which is best in this situation Chapter 7 or Chapter 13. The gentlemen driving the second vehicle is also trying to sue for $16,000 and at this present time I haven't been issued any paper work from his attorney in 2 years. I am now 23 and the only traffic violations I have ever had was a seatbelt ticket in the state of Tennessee. I wasn't informed by the state of Alabama that my license was suspended the state of Tennessee were the ones who informed me that they were suspended in Alabama for a car accident. Without the recent tickets with the state trooper all I would have on me is a seatbelt ticket in the state of Tennessee which was easily handled. I honestly feel as though this car accident has really ruined my driving record. At the time it wasn't a law as to every person had to have insurance on their vehicle that law wasn't passed until the year of 2007 or 2008 but it took a huge effect towards my license. So, if I file bankruptcy will I still be able to reinstate my driver license?

by **torin7** » Mon Apr 04, 2011 7:39 am

In this order: see a lawyer, then a good counselor. You are in a world of hurt and it is all caused by you and your irresponsibility. You need much more advice than anyone here on Y/A can ever hope to give you.

by **karlitis** » Mon Apr 04, 2011 7:51 am

You my lad need a lawyer, because your are in the mire good style. All the lawyer can do is perhaps lighten the penalty. Even in UK the "I only had the car a few hours" will not wash with the Courts.
One thing I will ask is, did you buy it from a dealer and if so would his insurance cover you for say 7 days? You have left it a bit late but it may be worth while your lawyer investigating, in UK some of the more reputable dealers have this type of insurance and it may just may happen in USA

by **thacher** » Mon Apr 04, 2011 7:53 am

Way too much information, but a simple answer. Whether or not you file bankruptcy, you will be able to reinstate your drivers license after you pay all fines, pay for the damage you did to others property, and have insurance and have your agent file the SR-22 form with the state.

Even if there was no law requiring insurance at the time of your accident, there was still a financial obligation law in effect which required you to pay for damages.

by **garbhach65** » Mon Apr 04, 2011 8:02 am

You'll have to face the music sooner or later. Going bankrupt won't alter your fines or the amount that people will sue you for, it will just make it harder for them to collect from you.

Talk to a lawyer that specializes in bankruptcy, he can steer you in the best direction.

by **luther** » Mon Apr 04, 2011 8:05 am

You are in a world of hurt. If you had just bought auto insurance before getting into this car 12 hours earlier, then your insurance company would have handled this, no tickets issued and could move on.

Why do people buy insurance? Just for the reasons you gave in this accident in 2006. In the state of AL, the minimum limits are 20/40, which means that the one guy claiming $16,000 would be paid but the other guy for $27,000 would only get the maximum of $20,000, but most likely if you had insurance, your insurance company would have fought tooth and nail to settle it for the $20,000 limits and you would not be posting today on Y/A.

Only a bankruptcy lawyer can explain your rights period, not Y/A. Bankruptcy laws have changed dramatically since 2005 and even though you may want to file chapter 7 vs 15, you may have no choice but to file for 15 and be under a re-payment plan for 5 years. You also need to understand that most likely they will try to garnish any wages/tax refunds now and in the future.

The fact that insurance was not required till 2007, after this accident has absolutely no bearing, since you were in an accident, you CHOSE not to buy insurance and you will be held responsible to the ones that you caused damages and injuries.

Filing bankruptcy may not clear up your driving license, but only a Lawyer can tell you what steps to do. And unless you buy insurance period, which it appears you still fail to do, then you will most likely never ever get your license back and should never be behind a wheel of an auto till you start to understand that the laws of each state requiring insurance is there for a reason.

by **vruyk** » Mon Apr 04, 2011 8:18 am

You need to speak to a bankruptcy attorney. I'm not familiar with Alabama law but bankruptcy does not relieve you of all your debts. Some debts survive bankruptcy. Debts incurred as a result of court ordered restitution are not removed by bankruptcy. Your debts are not the result of borrowing money you couldn't repay. Your debts are a result of you breaking the law and injuring someone.

It's very possible these debts will remain after you declare bankruptcy no matter which chapter you employ. You will probably not be able to legally drive again until you pay these debts off. You probably won't even be able to get a restricted license because you were caught twice driving without insurance.

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