You need to retain an attorney to help you resolve this situation.
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
Yes, this is true. They can also suspend your drivers license. This is why it is extremely important to have the proper amount of car insurance else the injured party can come after you.
Advice? Consider hiring a bankruptcy attorney once the insurance company obtains judgement.
Yes, it's called subrogation. I'd recommend that you consider speaking with an asset protection lawyer possibly about setting up a trust. I can't tell you whether that would protect your home and your assets at this point, but it's definitely worth considering. If the home is in your name it's possible that it could be subject to a lien or levy, as could your other assets.
It sounds like you had some liability coverage but the uninsured carrier is pursuing you for what they paid out over and above. You have a lawyer still, so have them keep fighting liability on the case. The reality is, even if you "lose", they can put a lien on the house but they would not want to foreclose on it as they would have to pay off the mortgage and there would be nothing leftover anyway. Being broke makes you somewhat judgment proof. Bankruptcy is an option if you lose the injury end of the case and there is a judgment but a lot can happen between now and then. Since you had insurance, you should not be eligible to lose your license, you just had a small policy.
You should talk to a bankruptcy attorney. Consultations are usually free.
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