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lawsuit - what assets are vulnerable?

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km1234

Junior Member
What is the name of your state? North Carolina

I was in a car accident 3 1/2 years ago - I was turning left, didn't see the car, and he hit me. I was issued a citation for failure to yield (which was dismiised in court w/ proof of ins.).

Then in March, 3 years to the day after the accident, he sues me/ my ins. company. I've been working with the lawyer from the insurance company, and I haven't been too worried up to this point.

Here is the thing - the man in the other car is representing himself. He never submitted any medical bills to my (former) insurance company, according to the lawyer. The case is going to court-ordered mediation, but the lawyer is preparing for trial, b/c as she says, he is asking for A LOT of money- coming for a lawyer, that doesn't sound good to me.

My question is this, IF the case goes to trial, and IF a judgement was issued against me in excess of my insurance (I had 30/60 k at the time - fresh out of college and broke, wish now I had upped the liability coverage, but too late now :( ) what of my assets are vulnerable? I have a house now, which I didn't have then and bought before I knew of the lawsuit. It is in mine and my husband's name. I don't work (stay-at-home mom). My life is completely different now. Are all the things we've acquired since my accident at risk if he won more money than I was covered for??

TIAWhat is the name of your state?
 


ecmst12

Senior Member
If he hasn't even submitted any medical bills and doesn't have a lawyer, I wouldn't even WORRY about him being awarded more then your policy limits. Without medical documentation of an injury, he won't be awarded ANYTHING!
 

alnorth

Member
the man in the other car is representing himself. He never submitted any medical bills to my (former) insurance company, according to the lawyer.
He is an idiot. A serious personal injury case is not a do-it-yourself project, your lawyer is likely going to destroy him if he doesnt get help. As for his damages, if he did not begin treatment immediately after pain was evident, regularly following up with physical therapy etc to establish his damages from this accident, if he hasnt been doing that (which a PI lawyer would have told him to do), his damages will be a lot harder to prove even if he somehow won the case.

Anyway, its hard to say for sure without knowing all the details of his injury and what he's been doing about it the last 3 years, but I'd think the chances of you losing a judgement more than the policy limits will be VERY small.

To answer your question, if this fool somehow manages to win a judgement that breaks your liability limit all by himself without a lawyer, you will be personally responsible for the excess.
 

km1234

Junior Member
Thanks for the responses. I haven't really been too worried... I just wish it was over with already.
 

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