my spouse is named as a defendent in a minor car accident with a school bus. the insurance failed to settle with the amounts in the policy and they hired a lawyer to defend her. if my spouse is found liable is there any protection to save my house with both of are names on the deed? i live in long island, new york.
Any action you take to "protect" the house now will be set aside if there is a judgment against your wife, if the insurance company does not pay the judgment. A person is not permitted "protect" property once they are involved in or have notice of a potential lawsuit. Efforts to shield property from creditors must occur before there are claims against you.
Ask the lawyer the total dollar value of the policy and how many potential claimants there are and if the lawyer anticipates the claims exceeding the policy limit. Also find out if the passegers who are receiving medical care have their own insurance coverage for medical bills.This willreduce your exposure.
I am not sure what can be done, but as the old saying goes... "couldn't hurt"
My standard disclaimer: I am not offering legal advice, assume I do
not know the law in your state or at all for that matter and that I am
just making suggestions for starting points for when you do speak with
an attorney. Do NOT rely on anything I write and contact a lawyer in
your area immediately after reading my posting.
You need more facts, for example you need to know if the claims being made exceed the insurance coverage. It may be in your interest then to settle within the policy limits.
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