Can you claw back monies in a car accident?
I have a bodycamera I keep in my car. If I were to get into a not at fault accident and told the other driver I was going to sue them on video. If the driver attempted to move his jointly held monies/assets to an account that only his spouse had control of, could I claw them back potentially?
First, you should be aware that recording someone in person in Oregon is illegal unless the other party is aware they are being recorded (with some exceptions). If you violate that law, the resulting video is inadmissible as evidence. Second, if the other driver had no insurance or his insurance was insufficient to cover your damages from the crash, and you could prove that he transferred the money to avoid paying the claim, there is a statutory tort called fraudulent conveyance (ORS 95.240) that you can add to your lawsuit. If the money was traceable and still existed, it can be clawed back.
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Since Oregon requires liability insurance for the other driver, as well as uninsured and underinsured motorist insurance on your own policy, personal assets are rarely involved in all but the most serious crashes.