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

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

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Posted

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.

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Posted

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.

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3 comments

Julia E. Simmons

Julia E. Simmons

Posted

Too late for asset protection. If he tries to move his house into trust or anything like that, it will be deemed invalid because the injury has already happened. Bankruptcy once judgement is obtained maybe the only way of clearing judgement.

Ashley Anne Digiulio

Ashley Anne Digiulio

Posted

Agreed. and if he transfers assets to a trust it will make a bankruptcy problematic due to the bad faith transfer. With ourwithout bankruptcy, transfering after the injury would be deemed fraud.

Jesse Cole Kent

Jesse Cole Kent

Posted

Then it definitely sounds like bankruptcy would be your only route. Many thanks to my colleagues on here for pointing this out and clarifying it for our asker...

Posted

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

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Posted

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.

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Posted

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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1 found this helpful

Posted

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

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Posted

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 associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.

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