If the settlement is in favor of the plaintiff, what would the payment options be?
New York, NY
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Posted 3 months ago in Car / Auto Accident
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I was in a car accident. The plaintiff is suing me directly for the amount my policy did not cover. If I were to lose this case, what would the payment options be. I have no actual assets to begin with.
Answers (2)Paula Jeanette Mcgill
This attorney is licensed in New York and 3 other states.
Posted 3 months ago.
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If you don't settle beforehand and agree on a payment plan, the plaintiff can seek to garnish your wages to satisfy any judgment. Therefore, it may be better to come to a settlement with a payment plan.
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 3 months ago.
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As I am not licensed in your state, I can only provide you with some general guidance. You mention in your question that your insurance company has already paid the plaintiff. Therefore, I do not think that you would be liable to pay anything more. If you have been sued, contact your insurance carrier and ask them to defend the claim. They have a duty to provide a defense in addition to indemnifying you. If they already indemnified you and paid on this claim, I am quite certain that they obtained a full and complete release which benefits you and them. Call your insurance company now.
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