I have a pending lawsuit from a car accident that happened three years ago. A gov't agency hit me, they were found at fault. Since it was a gov't agency that hit me it's capped at $100,000. By the time you deduct the medical bills and fees I will end up with very little. This has caused some financial problems for me. Including judgements, voluntary repo, etc. I have explored other options but have found that bankruptcy seems to be the only choice. The case has not gone to court yet. I cannot wait on it any longer. Is there a way to file bankruptcy while this is going on, if it hasn't gone to court?

You should stlll be able to, BUT, the mediaal bills may still have to be repaid with this money since that is the specific purpose for that payment. So if you are looking at this for a way to collect more money personally I doubt that will happen

And why can't you sue them for more money, name the driver personally at fualt and sue driver in addition to the government agency.