QUESTION

What should I do if I am being personally sued after insurance was exhausted?

Asked on Jun 18th, 2013 on Personal Injury - New York
More details to this question:
I caused an accident several years ago in which people were seriously injured. One lost an appendage and the other broke some bones and had minor injuries. I had two insurance policies, one for normal coverage, and a rider to expand my coverage. The insurance companies paid out 1.5 million to the couple, but now they are seeking further damages from me personally. What steps should I be taking? My husband has a pension and we have a house and some savings.
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17 ANSWERS

Ronald A. Steinberg
Well, I think you need to talk to a bankruptcy lawyer.
Answered on Jun 27th, 2013 at 4:50 PM

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You definitely need to talk to an attorney.
Answered on Jun 18th, 2013 at 7:47 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Bankruptcy might be a possibility. See a bankruptcy lawyer and get his advice is your home jointly owned? If so, and you alone are liable, the home is safe because your wife has an interest.
Answered on Jun 18th, 2013 at 12:26 PM

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General Practice Attorney serving Portland, OR at Furniss, Shearer & Leineweber
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There is a 2 year statute on personal injury claims. If they started proceedings against you after the two years then there may be a problem for them with the statute. Assuming they have complied, I would suggest that you contact an attorney to attempt to work out a settlement. I am surprised that your carriers didn't do that during their settlement talks. Hopefully they paid out their full limits.
Answered on Jun 18th, 2013 at 12:25 PM

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Insurance Defense Attorney serving San Bernardino, CA at Ricks & Wear, PLC
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Your insurance company would not have settled the matter without plaintiff(s) releasing all claims against you in exchange. When you say they are "seeking further damages from me personally" does that mean they have filed suit? Contact your insurance companies immediately if they have.
Answered on Jun 18th, 2013 at 11:35 AM

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Thomas Edward Gates
File for bankruptcy, that will discharge the lawsuit.
Answered on Jun 18th, 2013 at 11:35 AM

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James Eugene Hasser
When the insurance company paid up, they should have gotten a release from the Plaintiffs that released you. Get with your insurance company and confirm.
Answered on Jun 18th, 2013 at 11:34 AM

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You'll need to hire a lawyer to defend the action. Why did your insurance companies pay out $1.5m without getting a Release? Maybe you should sue them.
Answered on Jun 18th, 2013 at 11:34 AM

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In Nevada, certain assets of yours will be protected from creditors. They can't get up to $550,000 in equity in your home, $500,000 in retirement accounts, $15,000 in a car, etc. You can also place an unlimited amount in an insurance policy. Talk to a good asset protection lawyer.
Answered on Jun 18th, 2013 at 11:33 AM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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You should contact your insurance companies to determine if they protected you personally when they settled with the parties. Most insurance companies will refuse to pay out any money unless the victims agree to release the insured as well. You should obtain copies of the paperwork. If you were not included in the release, then you should consult an attorney to determine if you have an action against your insurance companies.
Answered on Jun 18th, 2013 at 10:40 AM

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Personal Injury Attorney serving Milwaukee, WI
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I think you should seek advice from a lawyer who represents debtors in bankruptcy proceedings. Such a lawyer can counsel you on how best to protect your hard-earned assets. I don't know if bankruptcy will be the way for you to go, but I think you should consult with a lawyer with expertise in representing people in your situation so that you will know what to do.
Answered on Jun 18th, 2013 at 10:40 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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You should be personally meeting and consulting Michigan counsel for advice and your options. You will want to gather and take a copy of your insurance policies, the title and/or registration to the vehicle you were driving @ the time of the crash, a copy of any Releases signed by the injured claimants to get funds from your insurers, a copy of any Judgment/demands/collection notices re: them trying to collect from you personally, a copy of your husband's pension and a copy of any bank statements showing how they are owned. As a general proposition, injured folks may only collect on the assets of the person(s) that caused the injuries. If you were driving a car titled to only you, and only you were negligent, then it is unlikely the injured parties can make a recovery against jointly held assets or assets individually held by your husband. Of course, Michigan has an Owner Liability Statute re: motor vehicle crashes, so if you husband owned the vehicle and you were driving it, then joint assets and his assets could come in to play. All of this has to be carefully examined to determine what, if any, assets are subject to collection by the injured parties. Oftentimes Pensions and other such assets are expressly excluded from collection, as may be the marital home and other assets. This is why you need counsel to review all this and give you a professional opinion. Further, if Releases were signed to obtain the monies paid out so far, it may well be that there can be no further collection as you have been released of further liability. On the other hand if the policies paid out due to a Judgment vs. a settlement, then it may be that future liability does exist. Again, because there are more facts needed, and a careful study of the situation, I recommend consulting counsel. If you don't know counsel, perhaps your prior counsel that settled the case could recommend some attorneys.
Answered on Jun 18th, 2013 at 10:25 AM

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This is puzzling as the normal routine is for your insurance companies to pay only after they have received a full release from plaintiffs so as not to expose you to personal exposure. You should speak with a "bad faith" attorney to see if you have recourse.
Answered on Jun 18th, 2013 at 9:59 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You have that much at risk, and instead of retaining a lawyer you are looking for free advice on a website. Dang, my appendix hurts. I think I'll go on to a website and maybe a doctor will give me free advice as to how to take it out.
Answered on Jun 18th, 2013 at 9:58 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I suggest you talk with a bankruptcy attorney.
Answered on Jun 18th, 2013 at 9:50 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Contact your insurance companies they should not have paid out your policy limits without getting a full and complete release for you from any and all claims brought by the injured parties.
Answered on Jun 18th, 2013 at 9:50 AM

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Personal Injury Attorney serving Great Neck, NY at Goldman & Maurer, LLP
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You need to contact your insurance companies and ascertain how the settlement documents read. Ordinarily when you have a primary and excess carrier, when they *settle* the case, they obtain a release from the plaintiffs. If they did so, then the plaintiffs cannot sue you for any more money.
Answered on Jun 18th, 2013 at 9:46 AM

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