What happens when you’re sued by someone for a car accident, but can’t afford to pay?
uloarnett asked:
Could I set up a payment plan? I was recently in a car accident with this guy. I was driving my mom car she had no insurance and I admit I was at fault. I don’t make enough to pay his payment in full and nor to afford a lawyer. The guy is suing me for car damages and bodily injuries.
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Could I set up a payment plan? I was recently in a car accident with this guy. I was driving my mom car she had no insurance and I admit I was at fault. I don’t make enough to pay his payment in full and nor to afford a lawyer. The guy is suing me for car damages and bodily injuries.
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October 21, 2009 | Filed Under Accidents & Personal Injuries Lawyers
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5 Responses to “What happens when you’re sued by someone for a car accident, but can’t afford to pay?”
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This is not legal advice. This is just based on my experience causing an accident while I was drunk (stupid I know)….
If he is suing you with an attorney, the first thing you should do is show the attorney how little money you have. People with no money are often called “judgment proof”. Since you can’t afford to pay, the winning party will never collect their “damages” worth.
You most likely can set up a payment plan to take care of it. People can agree to anything they want. Setting up a payment plan is a very stand-up thing to do.
Lastly, you can always declare bankruptcy. If you have little or no assets, and the judgment against you is too high, you can declare bankruptcy and never have to pay it.
Declaring bankruptcy will really hurt your credit….. but so will having an unpaid judgment.
Most attorneys will give you a free consultation. Please contact some attorneys and ask them for either consultations, or referrals to attorneys who will give you a consultation.
Best case scenario, you work out a reasonable payment plan.
Worst case, you declare bankruptcy.
Either way, talking to an attorney first is definitely the way to go.
I wound up settling with the guy whose car I hit (he wasn’t in it so it was just property damage). Then I declared bankruptcy because of my own medical bills. It was rough, but it got my life back on track.
Good luck mate!
Check the phone book for your county’s Social Services, and ask them for Lawyer Referrals. You may find some assistance, particularly since it sounds like you are low income.
Definitely payment plans are available. The court would decide how much, after considering your means. If ever you couldn’t make your payment, notify the court, and pay SOMEthing ($5) so that your record of account will always show some amount and the date paid, thus not becoming delinquent.
I hope you weren’t hurt too.
Best wishes.
You’re in the same situation as 99.9% of the Mexican drivers we have in this neighborhood. You’re impervious to law suits.
Having said that, I admire your willingness to pay restitution. Regardless of the situation, I believe you are a good person.
If a judgment has already been made, you should be able to set up a payment plan with the court. In general, though, the owner of the car is responsible for the damages, which is why cars are insured rather than drivers, so I’m surprised that you are being sued instead of your mother. I know it seems like an odd idea, but you can probably sue your mother for failing to insure the car if a judgment is made against you.
You do NOT have to pay, he will have to go to court and get a court order to have your wages garnished…meanwhile learn to drive…