• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help, being sued

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ihavenomoney

Junior Member
What is the name of your state?What is the name of your state? NC

I was in an auto accident almost 1 year ago. I was stopped at a stop sign and proceeded into the intersection. What I failed to notice was the guy going about 75 in a 55 to my right. (We flipped, and he ended up over 200 feet from the accident still going in the same direction!)

I was served with papers and turned them over to my insurance company. The 3 people in the car that hit me are suing for in excess of 10,000 My max on insurance is 60,000. The passanger in my car, and friend, has put in a claim for 20,000 in med bills and 10,000 pain and suffering. (She never mentioned anything to me prior to this!)

Anyway, I know for a fact that her medical insurance picked up all but about $6000 of her medical bills. Can she file a claim against my insurance for the bills if they have already been paid?

It would seem to me that she can't. If I hit my liability limit, what happens next? Can I be responsible for the remainder of the four judgements? Can they really get blood from a stone? I have no assests!

HELP!
 


JETX

Senior Member
ihavenomoney said:
Can she file a claim against my insurance for the bills if they have already been paid?
She can file for any uncompensated bills. Her insurance company can sue you also for any bills that they had to pay, due to your negligence.

It would seem to me that she can't.
Wrong.

If I hit my liability limit, what happens next? Can I be responsible for the remainder of the four judgements?
Yep. Why should they have to pay for the damages caused by YOUR negligence.... and simply because you made the decision to only pay for minimal coverage???

Can they really get blood from a stone? I have no assests!
Yes. And whether you have any assets or not, for the entire duration of the judgment, will be up to them. But, look at the bright side..... a judgment in North Carolina is only valid for ten years.... and accrues interest at only 8% per year.
 

ihavenomoney

Junior Member
What does that mean that it is only valid for ten years?

They can only try and collect for 10 years or I have to pay it all within 10 years? The lawyer did say that because the house and stuff was in both mine and my husbands names that they can't come after the house because he isn't named in the suit!

This whole thing is really depressing! Hopefully, they will be able to determine that his speed was a factor as well.
 

JETX

Senior Member
ihavenomoney said:
They can only try and collect for 10 years or I have to pay it all within 10 years?
If they get a judgment against you, that judgment is valid in NC for 10 years. That means that they can pursue enforcement of that judgment at any time, or every day if they want, for that full 10 years.

The lawyer did say that because the house and stuff was in both mine and my husbands names that they can't come after the house because he isn't named in the suit!
And of course, the attorney is not correct. North Carolina allows the following homestead exemption from judgment creditors:
"Homestead: Homestead real or personal property, including co-op, used as residence up to $10,000. Spouse may double. Up to $3,500 of unused portion of homestead may be applied to any property."
So, if married, you can only exempt up to $20k of equity.

Hopefully, they will be able to determine that his speed was a factor as well.
'THEY' won't determine anything. That would be up to YOUR attorney to argue and is only relevant if NC allows 'proportional liability'.
 

ihavenomoney

Junior Member
And of course, the attorney is not correct. North Carolina allows the following homestead exemption from judgment creditors:
"Homestead: Homestead real or personal property, including co-op, used as residence up to $10,000. Spouse may double. Up to $3,500 of unused portion of homestead may be applied to any property."
So, if married, you can only exempt up to $20k of equity.

What does that mean? Now I am totally confused!

So can they take my house? what if I don't have 20,000 in equity on my house?
 

ihavenomoney

Junior Member
JetX,

Although I appreciate your answers I do find your responses to be slightly judgemental and accusatory.

I was unaware that I offended you in anyway and I am sorry if I did. When I mentioned that I hope THEY determine he was speeding. I WAS referring to the lawyer!

As for the accident itself. The accident report is wrong. They have him hitting me from the other direction and on the opposite side of the car!

I find it alarming that we live in such a litigeous society. MOST of the time people are looking for how much cash they can get now, not what future medical bills they may have.
 

JETX

Senior Member
ihavenomoney said:
Although I appreciate your answers I do find your responses to be slightly judgemental and accusatory.
So?? Would you rather have correct answers or someone that gives 'hugs'. I don't do hugs.

I was unaware that I offended you in anyway and I am sorry if I did. When I mentioned that I hope THEY determine he was speeding. I WAS referring to the lawyer!
Nope, I didn't take any offense. I just have a lot of things to do and simply do not have the time to 'soft-sell' or molly-coddle. If you want those 'services', you can pay for a local attorney and they will be glad to give you all the time you want.... or need... for a price.

As for the accident itself. The accident report is wrong. They have him hitting me from the other direction and on the opposite side of the car!
Okay. And how is that relevent to the issue of your own post where you said that YOU were "stopped at a stop sign and proceeded into the intersection.", presumably failing to yield to the other driver.

So can they take my house? what if I don't have 20,000 in equity on my house?
It is far more likely that any judgment creditor would file a lien against your property that must be paid if you sell or refinance. In an extreme case, they could force the sale of your property if you have MORE than $20,000 joint equity in the property.
 

ihavenomoney

Junior Member
JETX said:
So?? Would you rather have correct answers or someone that gives 'hugs'. I don't do hugs..
I would rather have correct answers. I wasnt looking for hugs! I just don't understand why you took that tone in your responses

JETX said:
Nope, I didn't take any offense. I just have a lot of things to do and simply do not have the time to 'soft-sell' or molly-coddle. If you want those 'services', you can pay for a local attorney and they will be glad to give you all the time you want.... or need... for a price..
As I stated before I appreciate your answers. May I be so bold as to ask where you get your information from so that I can better educate myself in this situation. The reason I came to this board was to find information, I may very well end up hiring an attorney. As of now, I need to educate myself
I don't mind paying for legal services if need be. I was just given the summons a few days ago and frankly my head is still spinning.



JETX said:
Okay. And how is that relevent to the issue of your own post where you said that YOU were "stopped at a stop sign and proceeded into the intersection.", presumably failing to yield to the other driver.
.

I just found it interesting that the accident report was completely wrong.

JETX said:
It is far more likely that any judgment creditor would file a lien against your property that must be paid if you sell or refinance. In an extreme case, they could force the sale of your property if you have MORE than $20,000 joint equity in the property.
Well I don't have more than $20,000 in equity.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top