If the amount of a personal injury claim exceeds the amount of my liability insurance can I be sued for my personal assets ?

Asked about 2 years ago - Fort Lauderdale, FL

If the amount of a personal injury claim exceeds the amount of my liability insurance, can I be sued to pay the balance of the claim ?

Do personal injury lawyers or insurance carriers generally try to recoup funds by going after personal assets such a cash in a bank account ?

Attorney answers (3)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    16

    Lawyers agree

    Answered . Yes you can. Plaintiiffs and their lawyers usually prefer to settle within policy limits rather than pursue personal assets, But, there are situations where the just isn't enough insurance to pay the reasonable value of the claim. In that situation the plaintiff may try the case, obtain a judgment and go after the defendant's personal assets. If you are a defendant facing this possibility, your insurance company should notify you, and you should retain personal counsel.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. David Irving Shiner

    Pro

    Contributor Level 13

    13

    Lawyers agree

    Answered . The simple answer is yes. The best thing to do is discuss your concerns with your insurance company. In addition, you could also get personal counsel to represent your interests. There are answers to these questions on my web site at www.InCourt.com. Best of luck.

  3. John Gus Zgourides

    Contributor Level 17

    9

    Lawyers agree

    Answered . You can be sued for more than your liability insurance limits. If you have non-exempt assets, a good plaintiff's lawyer will not settle with your insurer if the claim is worth more than your limits.

    If another insurer pays, they can sue you as a subrogee. They could likewise seek more than your liability limits.

    You need personal counsel now, and a better Insurance agent too.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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