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Auto Accident - Sued for more than we're worth

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Murdock_719

Junior Member
What is the name of your state? WV

My husband was in an auto accident in November 2001 three years before we were married. The car he was driving was mine and had full coverage $100/$300. Allstate has sent a lawyer and we have been awaiting a trial for five years now. Today we got a letter for yet another postponement. This letter stated that the guy is suing for more than the $100,000 that the insurance covered and that he would be personally responsible for any excess. My name is not mentioned in the suite only my husbands. The thing is we have nothing. How much can they get from us and how will we be expected to pay?
At the time of the accident we were engaged. He made almost $20,000/year and I was making @ $32,000. We had no house and I had one vehicle worth $6,000, that replaced the one he wrecked.
I bought a house in 2003, a month before we were married, it is still in my maiden name. the house is worth $75,000 but I still owe almost $60,000. We each own cars worth less than $5,000 each which are in both our names. I have over $60,000 in student loans and my husband pays $200/month in child support. We also have @ $20,000 in credit card debt we are paying. With these expenses plus the mortgage, car insurance, and normal bills (we have no extravagant bills just heat, phone, electric...) we are barely making ends meet and live paycheck to paycheck. We have no savings although I do have a 401K through my employers. My husband makes less than 20,000/year and I make about $45,000. My husband has one child and we are expecting our first together.
I'm not sure how much they are suing for but pretty sure it's more than we are worth. What happens if we can't pay? Can we lose our posessions over this? Who's income can they touch?
The guy suing is a rich lawyer who allegedly suffers from TMJ after the accident. He has opened his own law firm and makes ten times what we do. He is also suing Allstate for $1 mil for covering my husband before we were married and he is suing his own insurance for underinsured coverage.
I am scared to death over what will happen to us. It is going to be hard enough to afford daycare without having to file bankrupcy. I have been so stressed my doctor is worried about the baby. I would like to know what the worst case scenerio is now so I don't have to spend another six years worrying about losing everything.
 


JETX

Senior Member
The thing is we have nothing. How much can they get from us and how will we be expected to pay?
You can be expected to pay whatever the court orders, if above your policy limit. Your current financial condition has no impact on the potential court award.
 

Justiss4all

Junior Member
As just a general observation, it might be worth your while to consult a financial expert to see about getting out of debt. With your income, you should not be living paycheck to paycheck. How can you have a combined income of $65,000 and only have major assets worth a little over $25k? What made you decide to have a child when you have financial problems and while all of this is still going on? I hope things work out for you, but don't dig yourself any deeper!
 

moburkes

Senior Member
As just a general observation, it might be worth your while to consult a financial expert to see about getting out of debt. With your income, you should not be living paycheck to paycheck. How can you have a combined income of $65,000 and only have major assets worth a little over $25k? What made you decide to have a child when you have financial problems and while all of this is still going on? I hope things work out for you, but don't dig yourself any deeper!
Why do you need to find out who hit your vehicle, instead of simply paying the deductible and moving on, Mr. Rich Guy?
 

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