Chattanooga Personal Injury Attorneys

If You Are In Bankruptcy Who Gets The Check If Your Car Is Totalled?(Part I)

If You Are In Bankruptcy Who Gets The Check If Your Car Is Totalled?(Part I)

Chapter 13 in Bankruptcy is stressful enough, but what happens if an at-fault driver hits you and totals your car? The stress can be overwhelming. Wondering whether you’ve lost your only way to get to your job or that you need to pay off your bankruptcy?


Your options depend upon whether the at-fault insurance company (or your uninsured motorist insurance company) deems your vehicle a total loss. You can take steps to make sure these options stay open to you. Here is what you should do:

  1. CONTACT YOUR BANDRUPTCY ATTORNEY—Contact your bankruptcy attorney so he or she can start working on getting the bankruptcy court’s permission to settle your bankruptcy and purchase another vehicle.
  2. TELL THE AT-FAULT INSURANCE COMPANY—Tell the at-fault insurance company *or your insurance company of the at-fault party had no insurance) and let them know you are in Chapter 13.
  3. GIVE THE PAYING INSURANCE COMPANY THE NAME OF YOUR BANKRUPTCY ATTORNEY.—-Tell the insurance company paying the claim the name of your bankruptcy attorney.
  4.  TALK TO A PERSONAL INJURY ATTORNEY—Contact a personal injury attorney and make sure she has your bankruptcy attorney’s contact information.
  5. CONDITIONALLY AGREE TO THE INSURANCE COMPANY’S PROPERTY SETTLEMENT.—We say “conditionally” because you ultimately need the bankruptcy court’s approval. Discuss the insurance company’s property valuation with your personal injury attorney; but understand there isn’t much “wiggle” room in the value sums an insurance company offers for vehicles (See our Report: Settling your Auto Property Damage Claim Without a Lawyer
  6. KEEP YOUR BANKRUPTCY ATTORNEY IN THE LOOP—-Keep your bankruptcy attorney in the loop as you negotiate with the insurance company so she can advise you about the steps you need to take when getting a replacement vehicle.
  7. FIGURE OUT HOW MUCH YOU CAN SPEND FOR A CAR. Working with your bankruptcy attorney, figure out how much you can spend per month on another vehicle
  8. KEEP WITHIN YOUR BUDGET.—Look for another vehicle that is in your budget.
  9. TELL YOUR BANKRUPTCY ATTORNEY YOUR NEW MONTHLY CAR PAYMENT. Provide the new monthly amount for your replacement vehicle to your bankruptcy attorney.
  10. HEARING BEFORE BANKRUPTCY ATTONREY. Your bankruptcy attorney will get a hearing before the bankruptcy court as soon as possible to:
  • Settle the property damage claim.
  • Modify your bankruptcy to account for the new vehicle payments.
  • Obtain permission to purchase the new vehicle.

This is an overview of the process for getting your property damage settled and getting a replacement vehicle.

By |2022-10-21T11:54:58-07:00October 21st, 2022|General Info|0 Comments
Personal injury attorneys - Cover of the the "know your rights after a serious car accident" PDF


Your Rights After A Serious Car Accident

  • This field is for validation purposes and should be left unchanged.

Looking for more free resources to help you with your personal injury claim?

10 best attorney of 2021 in client satisfaction


Auto Accident Settlement


ATV Accident


Auto Accident Settlement


Tractor Trailer Accident


Tractor Trailer Accident


Auto Accident Settlement


Tractor Trailer Accident


Auto Accident Settlement


Motorcycle Accident Settlement


A personal approach to personal injury

Personal Injury

Car Accidents

Truck Accidents

Motorcycle Accidents

ATV Accidents





“I would highly recommend Ms Dennis, she is very kind, and she listens to your concerns. And the staff is great also. My family and I can not thank her enough for her help during the lost of our love one. Thank you!”


“My experience with Dennis & king law was absolutely amazing she got me the money I need for my pain in suffering she was honest the entire way until time for me to settle. She checked on me to make sure I was doing fine… great outcome!!”


“My experience with Dennis & King was overwhelmingly positive. I chose them when I was hurt in a car accident… I ended up getting a nice settlement in a matter of weeks…”



Free Strategy Session

During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.

There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
  • If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.