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How can I protect mine and my daughter's minimal assets from my husband's vehicular collision lawsuit?

Los Angeles, CA |

Two years ago, my husband got into a vehicular collision. The vehicular collision had minimal damage, only the plaintiff's truck's bumper has a small scratch. He is now suing for the maximum amount of damages (emotional, mental, physical, etc.) He never went to the hospital. He told a police officer, who took an incident report, that he was fine and going to work. I was in the car with my husband. We have very little money (combined income borders poverty level). We don't even own our own home, but the plaintiff wants over 100,000+ in all sorts of damages. We were insured. However, I am worried that this man will try to attach money to our future earnings and our only savings (mutual fund under my name and not husband's). How can I protect our savings? Separate or divorce?

Attorney Answers 7

  1. Your insurance carrier should be defending you and protecting your interests. It will likely be your insurance carrier on the hook and not you.

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  2. Given the facts that you have provided, it seems that the likelihood that the claimant will prevail is minimal. Even if the claimant were to receive a settlement it would certainly seem likely to be quite small. Your insurer will handle this matter for you and likely settle the claim for a nominal amount. At this point, it would be premature to consider the need to protect your personal assets in my opinion.

  3. Let your insurance company handle this case. Best of luck

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

  4. Allow your insurance company to handle the matter.

  5. Your insurance company will defend this.

  6. I agree with the responding attorneys. You should let your insurance company represent you. Best of luck.

  7. There really isn't anything for you to worry about at this point. Make sure you have presented the lawsuit to insurance carrier. They will defendant the lawsuit. If you have no assets, a good attorney already knows that and will likely get the matter resolved within your policy limits. Note: Transferring assets during a pending litigation to avoid collections is illegal. Don't stress and talk with your insurance appointed defense attorney about the realities of the plaintiff's claim.

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