In general, bankruptcy discharges all of your debts except for certain priority debts, such as most taxes, student loans, child support, and criminal restitution. Other debts, such as debts based on fraud, survive as well. In a car accident situation, non-dischargeable debts include:
(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;
(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;
In other words, if you willfully and maliciously cause a car accident and property damage, then that debt will survive bankruptcy (if there is some kind of court finding that you were willful and malicious).
If you cause an accident while drunk driving, then those debts will survive bankruptcy too (if there is a court finding to that effect).
However, if you haven’t willfully and maliciously caused the accident, and there was no DUI, then you can list those debts and wipe them out. You can list the following debts from your accident:
1. any insurance claims,
2. any court proceedings and judgments,
3. unpaid insurance premiums,
4. claims from your secured creditor (the bank) for damage to your car, but
5. NOT the ticket, if you are issued a citation.
I have also written some related blog articles on this topic below: