I made a car accident, rear end collision, back in 2010 and my insurance company paid to my policy limit

Asked 3 months ago - Atlanta, GA

and plaintiff sued her insurance company for under insured motorist coverage and me at the same time. About 2 months ago, her insurance company paid out $80,000 to settle. And now her insurance company is coming after me since I got a claim information from her insurance company which says I potentially could be responsible for $80,000 they paid and they wanted me to call for reimbursement. My insurance company will keep providing me an attorney and i already forwarded the letter to my attorney. My only asset is a house with 29 year mortgage left which is far less than the money they're claiming for and I make $500 a week. My friend told me that they can seize my house and I wonder if it's true since that is everything I got. Please help and give me any legal advise!

Attorney answers (8)

  1. Christopher Matthew Simon

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . It sounds like you had some liability coverage but the uninsured carrier is pursuing you for what they paid out over and above. You have a lawyer still, so have them keep fighting liability on the case. The reality is, even if you "lose", they can put a lien on the house but they would not want to foreclose on it as they would have to pay off the mortgage and there would be nothing leftover anyway. Being broke makes you somewhat judgment proof. Bankruptcy is an option if you lose the injury end of the case and there is a judgment but a lot can happen between now and then. Since you had insurance, you should not be eligible to lose your license, you just had a small policy.

  2. Philip Wesley Lorenz

    Contributor Level 11

    4

    Lawyers agree

    Answered . Your insurer is providing you with counsel. You should be talking with him/her.

  3. Jesse Cole Kent

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . Yes, it's called subrogation. I'd recommend that you consider speaking with an asset protection lawyer possibly about setting up a trust. I can't tell you whether that would protect your home and your assets at this point, but it's definitely worth considering. If the home is in your name it's possible that it could be subject to a lien or levy, as could your other assets.

  4. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    Answered . You should talk to a bankruptcy attorney. Consultations are usually free.

    The above answer is for general information purposes and is offered as a service to the public. Nothing on this or... more
  5. Jeffrey Mark Adams

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to retain an attorney to help you resolve this situation.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. Julia E. Simmons

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Yes, this is true. They can also suspend your drivers license. This is why it is extremely important to have the proper amount of car insurance else the injured party can come after you.

    Advice? Consider hiring a bankruptcy attorney once the insurance company obtains judgement.

  7. Richard Todd Rosenstein

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You should contact a local asset protection lawyer and a bankruptcy lawyer for consultation and advice.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    Answered . This is what happens when you don't have a personal injury lawyer handle your case...the mistake frequently costs you more money than you recover.....tough lesson to learn.

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