Questions you have before making a decision to go Bankrupt and the Bankruptcy process

Moderators: TalbotWoods, JaneClack

By billykeats
#2112 One of my debts is for an insurance claim. What happened was that I could not afford to have insurance on my car due to my debts and I drove my car this one time and got in an accident. I immediately reported it to the police but that case was dropped due to lack of evidence. However the other person involved insurance company sent me the bill for her car which I can not afford to pay.

This happened about 3 or 4 years ago which in the mean time I have been treated for depression. How do you think the OR will perceive this? Will this be reckless as I didn't have car insurance?
ByDavidc
#2113
billykeats wrote:One of my debts is for an insurance claim. What happened was that I could not afford to have insurance on my car due to my debts and I drove my car this one time and got in an accident. I immediately reported it to the police but that case was dropped due to lack of evidence. However the other person involved insurance company sent me the bill for her car which I can not afford to pay.

This happened about 3 or 4 years ago which in the mean time I have been treated for depression. How do you think the OR will perceive this? Will this be reckless as I didn't have car insurance?


Criminal yes, but social irresponsability is not in the remit of the OR.
By billykeats
#2114 So what does that mean to me? Will my bankruptcy be longer than 6-12months?
ByDavidc
#2115
billykeats wrote:So what does that mean to me? Will my bankruptcy be longer than 6-12months?


I have already given you my opinion..You will find that the OR is not there to make moral judgments regarding your behaviour....His remit is to determine whether you had conducted your financial affairs in a reckless manner.
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By JaneClack
#2134 What David means is that it would have been the police who would have pursued you for driving without insurance as it is a criminal offence - I am very surprised in fact that they didn't pursue it as it is usual to have swingeing court fines for this. If they didn't - and it does seem bizarre - then they must have regarded it as not worth pursuing although the lady who wants her car repaired may have felt otherwise. I say that with feeling as years ago my car was damaged by someone who was driving without insurance. However, there are many of us who do this without really thinking about the consequences eg when you have no current tax on your car it invalidates the insurance anyway! so it is not uncommon - it only became a problem due to the accident and your insurance premiums would now be so high that that is the way the industry will recoup its money.
Anyway, the answer to your question is - this is highly unlikely to mean that a bankruptcy restriction order would be put in place and this is the only way your bankruptcy would be extended to more than a year.
Last edited by JaneClack on Sat Nov 20, 2004 12:41 am, edited 1 time in total.
ByDavidc
#2136
Sarah wrote: I say that with feeling as years ago my car was damaged by someone who was driving without insurance.


A touchy subject for me also, as years ago my parked car with my 2 year old daughter inside was hit by an uninsured driver..my car third party only so I had to pay for repairs......went to court over it and won the case but could not get any money....unemployed, no assetts.......gave up in the end......Whatever happened to the initiative to seize their cars and crush them?.....get them off the road...
David