What is exempted from personal liability when my insurance co is being sued for my at-fault accident?

Asked about 2 years ago - Jacksonville, FL

Can they take my home, property, retirement savings, disability benefits?

Attorney answers (4)

  1. Robert John Sunner

    Contributor Level 8

    3

    Lawyers agree

    Answered . This question has many issues and hopefully I my generalization will answer some of your questions. The first issue is how much coverage you have and what kind of damages did the other party incur. If you have a significant amount of BI coverage, enough to cover the other party's damages, then your company will issue payment and demand a release in return that indemnifies the insurance company and yourself of any future medical bills, etc. If you do not have enough BI coverage, hopefully the other driver had enough UM coverage for the difference.

    However, if you are being sued personally for the accident, which hopefully will not occur, then the question becomes, "can they put a lien on my home?" Do you own property that is jointly owned by a spouse? They shouldn't be able to go after jointly owned property. And they shouldn't be able to touch your retirement savings if it is in a bona fide retirement account.

    I strongly suggest you seek a free consultation with an attorney in your area to protect yourself! Good luck to you!

    Robert J. Sunner
    The Sunner Law Firm
    150 W. Warren Ave.
    Longwood, FL 32750

    This was not intended to constitute legal advice. This does not create an attorney-client relationship. If you... more
  2. K Scott Warrick

    Contributor Level 9

    3

    Lawyers agree

    Answered . I am Assuming you do not have insurance or enough insurance and you are concerned about a money judgment against you. Chapter 222, Florida Statutes sets out the homestead exemptions and most other exemptions from money judgments. Your primary home is generally exempted from judgment. Qualified retirement savins, disability benefits, social security, and wages of the head of family are also exempt.

    Each situation is different. I would suggest that you consult with an attorney who has experienced defending people against debt collections or a bankruptcy attorney.

    If you have insurance that is defending this then I would direct these questions to the attorney provided by the insurance company.

    Please do not consider this legal advice. The information is only a useful gauge for future consideration or... more
  3. Angela Jo Stanley

    Pro

    Contributor Level 3

    Answered . I agree with the other two attorneys.

    Most likely your insurance company has hired an attorney to represent you in the defense of the lawsuit. I suggest that you start by talking to that attorney and asking any questions you have. If you do not feel comfortable with the answers to your questions or if you want a second opinion, you are not required to use the attorney hired by your insurance company. You can hire an attorney of your own to personally represent you in the lawsuit.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . If you are sued, it will be you, and not your insurance company, named in the complaint. Assuming you live in Florida, known as a Debtor's Paradise,there are a number of assets which are exempt from court sale, including your homestead property. Should you be sued, I suggest that you have a face-to-face meeting with your defense counsel appointed by your insurance company and review the various statutory exemptions from process.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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