Legal Question in Personal Injury in California

Automobile Accident

Will the injured party have the right to go after the defedent (at fault driver)'s real estate property if the medical expenses exceed auto coverage limits? What if the defedent signed quitclaim deeds immediately after the accident, will such an action protect or release the defedent from the law suit against him (as far as paying for damdages)?


Asked on 6/06/05, 10:04 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Automobile Accident

It seems your question implies you already have a lawyer handling the case. That lawyer should know by now the amount of the insurance. If it is inadequate, that lawyer should file an action to set aside any transfers of property without adequate consideration as a fraud on creditors.

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Answered on 6/08/05, 10:30 am
Terry A. Nelson Nelson & Lawless

Re: Automobile Accident

IF you obtain a judgment someday, then you can seek to set aside any improper transfers [if you can show fraud], and you can collect your judgment against any assets you find and the insurance coverage he has. IF you have a decent case, make sure you get experienced counsel to handle it. Contact me if interested in doing so.

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Answered on 6/08/05, 2:19 pm


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