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What is an asset check, who performs it and why, and how can I determine if an asset check was done to me ?

Fort Lauderdale, FL |

I'm currently involved in a personal injury claim and I am wondering if there is a way to determine if an asset check was done to me ? Is there a way to know ?

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Attorney answers 4

Posted

I assume you are a defendant , when you say you are "involved" in a personal injury matter.
Asset checks are done in many different areas of PI practice, including by insurance companies deciding whether to pursue a person for reimbursement of monies the companies have paid to their own insureds
The bottom line is the starting point for any asset check is a search of public records for real property holdings. I don't know of any way to find out if records available widely online have been viewed although I welcome input from an IT expert.
There are more sophisticated techniques and I suppose only limited by how much time and money a determined investigator wants to invest.
If you are concerned that your insurance is inadequate and you may
be exposed to personal liability, you should consult ASAP with an attorney /financial advisor with an eye to structuring your finances for asset protection.

Asker

Posted

Thanks for responding ! Yes, you are right ! Not sure if my insurance will be adequate against the claim I don't own real estate but, I do have cash in the bank. Is there a way to see if an asset check was done on my bank accounts?

David John Glatthorn

David John Glatthorn

Posted

Outside my field of expertise. Most PI attorneys are not interested in chasing assets . In the amount of time it takes to get a judgment , a lot of steps can be made to move assets beyond easy reach. Again, if you have legitimate concerns about your exposure , you should consult with a assets protection expert.

Asker

Posted

What steps can be taken to move assets beyond easy reach ?

Asker

Posted

How do I get in contact with an assets protection expert ? What do I look for ?

Steven Mortimer

Steven Mortimer

Posted

Depending on how inadequate your insurance is, you may be worrying much. Over 90 percent of the time when a person is underinsured, the case settles for policy limits. It is as good as it realistically gets for plaintiffs because most people fine have enough assets to pursue through a trial. It is good for the insurance company because they have a duty to protect you from an unnecessary excess judgment which might open them up for a bad faith lawsuit. By all means, your insurance company should have hired you lawyer, consult with them.

Steven Mortimer

Steven Mortimer

Posted

Depending on how inadequate your insurance is, you may be worrying much. Over 90 percent of the time when a person is underinsured, the case settles for policy limits. It is as good as it realistically gets for plaintiffs because most people fine have enough assets to pursue through a trial. It is good for the insurance company because they have a duty to protect you from an unnecessary excess judgment which might open them up for a bad faith lawsuit. By all means, your insurance company should have hired you lawyer, consult with them.

David John Glatthorn

David John Glatthorn

Posted

As far as techniques for asset protection, outside my area of expertise. I think it would be improper for me to suggest a particular individual. You can start your own research right here on the AAVO site as searching for "asset protection" brings up a goodly nnumber of lawyers in Ft.Lauderdale. In addition , there is much good advice in the other reponses you received. I wish you the best of luck.

Posted

If your credit was checked, it should show up on your credit reports.

I trust your liability insurer received your proper notice and is now investigating and defending. If you are exposed to risk of a verdict in excess of your liability insurance limits, you need personal counsel from the jurisdiction where you were sued.

Ask your insurance agent why you don't have higher liability limits. It won't help your current situation, but it is cheap and it is the right thing to do.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

Various levels of inquiry can make up an asset check. One of the simpler modalities is a "skip trace" which essentially looks at whether real estate or motor vehicles are registered in the target's name. The basic data is all public record, so there is no way you would know. For example, in the not too distant past, anyone could walk into a registry of deeds and check the indexes. Record property owners would never know unless they stood in the registry watching.

Now, much of that type of information is on line and again the owners would not know.

Beyond a simple check, there are databases that investigators have with a myriad of other information that leads to cars and other registered "vehicles" including boats, with insurance information and even bank accounts. The more protections that are employed to safeguard personally identifiable information, the more it seems that there are in fact ways to defeat them or drive through the exceptions.

That's my answer. When my investigator finds things I do not necessarily even want to know how he found them. But, he can.

I fully agree with the other answer you've received that you should check with your insurance agent to find out why you don't have better coverage. You might also consult with an experienced personal injury attorney to get a real world evaluation of the liability and damages in the claim against you. Just because people demand a zillion dollars does not mean ultimate value is anywhere near that initial demand. You should get an informed evaluation from an experienced attorney who has been through this many times in your jurisdiction

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Posted

Assett checks are done to determine someone's, usually a potential defendant's ability to pay a claim or judgment from personal money and property. Someone either has a judgement already or is determining whether its worth their time to go after you personal bank accoynts, cars, boats, real estate. If you do not know what assetts checks are, then you probably do not have any assttes to worry about. There are private investigators and onlie data bases they perform such searches and there reallly is no way to know if someone performed such a search on you.

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