Can the person I hit sue me for my home?
10 attorney answers
The short answer is, yes. For example, if you have an insurance policy that only covers $15,000 in damages and the person you hurt has injuries in excess of $15,000, the injured party may be able to go after your assets or income in order to pay for their injuries. Your insurance company should explain this to you as well.
They can't sue you for your home, so to speak, but anyone can file a lawsuit. If the party wins, they can seek out sources of income/assets to satisfy the judgment. However, you have very good insurance. You insurance company should be more than capable of handling this for you. I don't think you need to worry. Good luck
To answer your question, "no" the other party cannot sue you for your house. However he can sue you for whatever amount he wants to. Your insurance, of course, should cover you up to your policy limit. 250K. I say "should" because depending on the carrier/policy, if you are convicted of DUI, you could be denied coverage because you committed an intentional act (driving drunk). Insurance only protects people for acts of negligence. You should get a good criminal lawyer to see that doesn't happen.
I agree with Mr. Yorke. Although you have a large policy, you still will need to make sure the matter is resolved, by your carrier, without this getting into a lawsuit. Punitive damages, if any, will not be covered by your auto policy and that may create an issue for you if its not resolved within your
insurance limits. Consult with an attorney on this.
You have good policy limits that should cover you in this matter. The other driver is barred from recovering his non economic damages (pain and suffering) if he too was convicted of DUI or if you are correct and he does not have insurance. The problem you may face is punitive damages which are not covered by insurance. I would retain private counsel to pressure the insurance company to make sure you are protected.
Likely your insurance company will get this resolved, but you can always retain local independent counsel if you're worried.
Yes, they can sue for more than your limits but they would have to prove their case if worth more. They may also have their own underinsured motorist coverage which will add a layer of coverage.
Mr. Barnes said it best. Let your insurance handle the claim. If the other driver sues you, your insurance will hire counsel to defend you.
This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.
Retain local and qualified counsel. The cost, which should be nominal, will give you the peace of mind you are seeking.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Anybody can sue anybody for anything. But you've got good policy limits - let your insurance company deal with it. They have an obligation to settle within policy limits if reasonably possible, and if they fail to do that they're required to pay the entire judgment regardless of how much it is.
You should immediately retain an experienced criminal lawyer to represent you in the DUI case. If you are convicted of a DUI, the other driver's claims for bodily injury cannot be discharged through bankruptcy proceedings. If you plead the case down, the debt may be dischargeable. Obviously bankruptcy is a last resort, but you need to preserve it as an option.
If you receive a notice from your insurance company of "excess exposure" - a demand in excess of the policy limits - then you should talk to a lawyer about protecting your assets. Even if you cannot discharge an adverse judgment through bankruptcy, you can shift money to assets that are exempt from execution. But this may be unnecessary; a typical simple collarbone fracture case will resolve within your policy limits.
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