QUESTION

will I lose my assets in a car accident civil suit?

Asked on Dec 03rd, 2013 on Civil Litigation - California
More details to this question:
My 16 year old daughter was in an accident and considered at fault. We recieved a letter stating the other car has a lawyer and is sewing. Should I get a lawyer or does my insurance co. take care of this? Can they take my vehicles and things if the amount exceeds my coverage?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
IMMEDIATELY contact your insurance company.  It should provide an attorney for you. While it is theoretically possible that you could lose your personal assets if the amount of a judgment against you exceeds the amount of your insurance coverage, that is rare.  In these types of situations, plaintiffs will usually be willing to settle before trial for the limits of the policy, or less, because that avoids any risk of losing at trial, as well as the delay and expense inherent in litigating through trial.  Of course, a plaintiff is more likely to take the risk of losing at trial if he/she  has more to gain, i.e. the better case he/she has, the more assets you have, and the less coverage you have.  If the plaintiff has a case he thinks is worth $300,000, your coverage is only $250,000, but your assets are only worth $30,000, the plaintiff is likely to settle for the policy limits.  If the case is the same, but your coverage is only $25,000 and your assets are worth over $1 million, the plaintiff is unlikely to settle for only the policy limits, but will seek a personal contribution from you.
Answered on Dec 04th, 2013 at 3:42 PM

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