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Discussion in 'Auto Accidents, Injuries' started by secrecyguy, Mar 26, 2021.

  1. secrecyguy

    secrecyguy Law Topic Starter New Member

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    For people who going to criticize me for what I am about to say, you don't know the situation I am in. So if you going criticize me, please go someplace else.


    I got into a minor car accident with a rich guy with very expensive car. He even got me saying it was my fault on video.


    Now he is claiming he got injured and so did his passengers.


    I already send my insurance company my dash cam video and my insurance got my car computer information that shows it was a minor accident.


    It appears he is going to end up suing me. His claim is $300,000 of damages and medical but my insurance will only cover me for up to $100,000.


    His lawyer did try to get more info about my insurance but I decline sharing any more information about me. I even close all my public social media accounts.


    I don't make that much money. I even told him that. I think he is after any future earnings I make.


    Now my question is, if he end up winning the case against me, what state can I move to, to avoid paying him? I know Florida is one of them because I know OJ Simpson moved there to avoid paying.


    Thanks for any help.
     
  2. army judge

    army judge Super Moderator

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    If you are involved in a vehicle collision, no matter who was at fault, and the accident results in injury or death, you are required by California law to report the accident within 24 hours to DMV.

    If you FAIL to report the accident to DMV, your driving privilege will EVENTUALLY be suspended.

    California law mandates that all drivers involved in an automobile collision must stop, no matter how minor the collision is thought to have been.

    All drivers must stop even in a slight fender bender that doesn't seem to have caused much damage.

    Without an injury, the law technically does not require you to notify the police.

    However, as is often the case, the other party is now "claiming" serious injuries!

    My rule of thumb is ALWAYS stop your vehicle, assess the damage, and call the police no matter how small the damage appears to be.

    Did you call the police and ask for a unit to respond tot he scene?

    Have you reported the incident to CA authorities as required by law?

    Florida won't shield you from a judgment related to an automobile collision, but filing a chapter seven bankruptcy action might be worth investigating, even IF you decided NOT to relocate from California.
     
  3. secrecyguy

    secrecyguy Law Topic Starter New Member

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    I already file it with DMV. I hate to file bankruptcy but can you tell me more about chapter 7.
     
  4. zddoodah

    zddoodah Well-Known Member

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    When and in what state did this happen? And how, aside from his car, do you have the slightest idea about his financial condition?

    Not sure what that means. "Minor accident" is not a term with any precise or specific meaning.

    Damages and medical? I assume his car is damaged. What damages does he claim other than medical? The only other valid damages would be lost earnings. What are the limits of your liability coverage?

    Probably most states in countries that are not the United States (and that's only because it might be cost prohibitive to chase you down in a foreign country).

    Sigh...

    O.J. Simpson did not "avoid paying." He actually paid a fair amount against the $33 million judgment against him (for a time, a set of his seized golf clubs sat in the office of a lawyer down the hall from me). The problem is that a $33 million judgment in California accrues interest at the rate of over $9,000 per day, so it's pretty difficult to make a dent. O.J. Simpson is, and since entry of the judgment against him, has been mostly judgment proof because his primary (and at times, only) source of income has been his NFL pension. Pursuant to federal law (ERISA), his pension is not subject to levy. The reason he bought a house in Florida is because Florida is very debtor friendly and exempts the entirely of one's personal residence. Thus, he can use his exempt NFL pension to pay the mortgage on his exempt home. Other assets are very much subject to levy and, if he had a job that paid him a salary or wages, those would be subject to garnishment.

    If you think you can move to Florida to avoid paying a judgment, you're a fool.

    What you ought to be aware of is that rich folks generally get and stay rich by not wasting their money. Also, your insurer owes you a duty to settle the claim against you within policy limits. The average person (and this seems to apply to you) is not worth suing beyond the limits of his/her auto liability coverage because the average person has few non-exempt assets to cover a judgment in excess of coverage.

    So...not only is it likely that your insurer will settle the claim within the limits of your coverage, it is unlikely that the supposedly "rich guy" will waste good money trying to get blood from a stone.
     
    Last edited: Mar 26, 2021
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    What would be your hesitation in filing bankruptcy if it would help you? In any event, there are several different types of bankruptcy, which are commonly known based on which chapter of the bankruptcy code (Title 11) provides that type of relief. Thus, a Chapter 7 bankruptcy refers to the relief provided by Chapter 7 of the bankruptcy code. Under a Chapter 7 bankruptcy a trustee is appointed to represent your creditors and the trustee's job is rounding up your assets that are not exempt under the federal and state bankruptcy exemptions, liquidating those assets, and distributing them to creditors based on a priority set out in the Code. After that is done, you are typically given a general discharge that discharges your personal obligation for all of your debts that were eligible for discharge. In short, pretty much all your debts go away and you get a fresh start. The bankruptcy then may remain on your credit record for 10 years, but if you do well managing your finances post bankruptcy you'll find that fairly quickly your credit will start to rebound. You would then not be eligible to get another discharge for 8 years.
     
  6. mightymoose

    mightymoose Moderator

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    They can't take what you do not have. I wouldn't stress too much over a judgment. They will get the insurance money and nothing more.
    As above, if it becomes necessary, pursue bankruptcy. However don't do anything until it becomes necessary.
     
  7. sandyeggo

    sandyeggo Member

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    People who are in auto accidents often don't realize at the time of the accident that they've been injured. Whiplash. Lower back injury. Just because they didn't immediately feel it doesn't mean they weren't injured.
     
    justblue likes this.
  8. adjusterjack

    adjusterjack Super Moderator

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    Very true. I've had a few myself.
     

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