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

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


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.

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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 Best of luck.

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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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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