i was in a car accident almost 2 years ago. Now the person is sueing me.

i was in an accident alomst 2 years ago and the person is now suing me. I didn't own a home at the time of the accident but I do now. Can they still go after my home if i bought it a year after the accident?
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Answers (4)

Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
If you were insured at the time of this collision, you should immediately advise your insurance carrier that you have been served with suit papers. They will have the duty to defend and indemnify you against this claim. They will provide you with a free legal counsel to defend the lawsuit.

When you acquired assets has no bearing on whether or not the asset can be collected upon. However, your Pennsylvania defense attorney can tell you whether or not your home is somehow exempted from judgment collection, perhaps through a homestead exemption statute.
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Patrick St George Cousins

Patrick St George Cousins

Contributor Level 5
You will need to seek the advice of a local attorney to fully answer your question. You should be ready to have the answers to the following questions: Did you have insurance at the time of the accident? Were you in an automobile at the time of the accident? If you were in an automobilee, did you own it?

In most areas if you have filed for homestead exemption, your home may be protected. Please get an appointment with a lawyer so you will know how to protect yourself. Call you local Bar association for the name of an attorney that focuses their practice on your issue. I wish you the best.
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Patrick St George Cousins

Patrick St George Cousins

Contributor Level 5
You will need to seek the advice of a local attorney to fully answer your question. You should be ready to have the answers to the following questions: Did you have insurance at the time of the accident? Were you in an automobile at the time of the accident? If you were in an automobile, did you own it?

In most areas if you have filed for homestead exemption, your home may be protected. Please get an appointment with a lawyer so you will know how to protect yourself. Call you local Bar association for the name of an attorney that focuses their practice on your issue. I wish you the best.
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Andrew Daniel Myers

Andrew Daniel Myers

Contributor Level 7
Run, don't walk, to the insurance agent that provided your auto insurance on the date of the alleged accident. It is the insurance company on the date of the accident, and not your present insurer that is responsible. Give them a copy of the suit papers. The insurance company has a duty to defend you. Their attorneys will take the case from here.

If you did not have insurance, get legal counsel immediately. They will notify the person bringing the suit of that fact. Then, the person suing you can collect bodily injury damages out of the uninsured provision of their own auto insurance policy.

The fact the suit was not brought until almost 2 years after the accident means nothing. As long as they were within PA's statute of limitations, which they were, they are OK.

Standard advice is that you should not do anything in terms of estate planning on the house AFTER a claim arises because anything you do now can in fact be held to be a fraudulent conveyance and be undone by the courts. But, there may in fact be some things you can do and you are within your rights to simply get an appointment with an attorney who knows real estate and estate planning.

Finally, here is a worst case scenario, but one to consider: I am going to hazard an educated guess that since you only acquired the house sometime in the last 2 years, and based on the status of our national economy and housing market, that you have little or no actual equity in the house. That does not mean that, if you did NOT have auto insurance, that they could not still file for an attachment against your house and just wait it out until things turn around. If you are in fear of that, and if there are other circumstances that warrant it, you could consider a bankruptcy. If you qualify for a bankruptcy, the automatic stay that goes into effect upon filing will put an end to that lawsuit and also prevent any attachments.
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