QUESTION
Are we going to have to pay out the full amount or is a lien going to be put on our house if we are being sued for an accident last year?
Asked on Nov 14th, 2014 on Personal Injury - South Carolina
More details to this question:
Sorry for the long post, but my wife was served this morning for an accident that happened last year. She was driving my car and rear ended the car in front of her and caused a 5 car collision. Every other driver's case has been closed except for one person who is trying to sue my wife for $60,000. The person walked away from the accident and did not look at all like she suffered any major injuries. I think she's suing for a strained neck and ankle or something. I have minimum coverage ($25,000) with no assets except for my car, but my insurance covered all of the accident payments except for the one mentioned above. My wife has insurance (up to $50,000), but her insurance wasn't used for the accident. Our house is in her name and she has a few other small assets. Can someone please help me understand how this is going to be handled? Are we going to have to pay out the full amount or is a lien going to be put on our house? There is no way we would be able to pay this amount.
1 ANSWER
If the injured driver (or, plaintiff) sues you, your insurance company will retain an attorney to represent you in this matter. If you are served with a complaint, make sure that you honor your contract with the insurance company by getting the company a copy of the complaint and other pleadings immediately. Your attorney, though paid for by your insurance company, will have a duty to do what is best for you. Talk to the attorney about these matters. If your assets are not extensive it is very unlikely that a plaintiff would pursue your realty and personalty for recovery. What is more likely to occur is that the plaintiff will pursue the insurance coverage. While it is possible that a plaintiff could pursue your assets to satisfy a jury award, it is rather uncommon. Try not to worry about what "might" happen in this case. The worry is probably worse than the reality. Use your concern to motivate you to notify your insurance company and to cooperate with your attorney.
Answered on Nov 17th, 2014 at 3:46 PM