Legal Question in Personal Injury in New Jersey

Cannot afford to pay

I was involved in an accident and a personal injury suit has been filed against me. Since my insurance limits are very low and i have no assest like a house or anything, if the judgement is for a very high amount and i cannot pay it, what will be the consequence? If i leave the country after the judgement, can they arrest me when i come back after a couple of years?


Asked on 7/27/07, 12:14 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Cannot afford to pay

If you would like an attorney's assistance, please call my office.

Your situation is not very good, but I may be able to help you.

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Answered on 7/27/07, 12:20 pm
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Cannot afford to pay

First, you generally do not get arrested for having a judgment against you, you either pay or declare bankruptcy. I do not generally see leaving the country for a few years as a necessary option unless there is an something you are not saying.

Frankly, most attorneys are not in the collections business, therefore they will advise their clients to take the insurance proceeds and settle if the person has little or few assets.

Secondly, your insurance company has a DUTY to PROTECT you. That means to defend and to attempt to resolve the claim to protect you. In the alternative, if they gamble and lose acting like there nothing to lose - then they would be liekly held responsible for any overage above the policy limit. They have a duty of good faith. While the judgement would then be against you, most plaintiff attorneys would make arrangements with you then to go after you insurance carrier if they did not protect you.

You should carry limits adequate to protect you future and assets. However, with that said, I would not worry excessibvely nor contemplate a life on the run.

Keep in mind that the most imnportant things on dealing with your insurance is being truthful (they can avoid coverage if you are not) and telling them to protect you (don't tell them not to pay, that does not protect you).

If you keep these things in mind, you should be ok. Feel free to contact me to discuss this further. It may require additional detail to give accurate advice as the situation presents itself. The only legal advise at this point is that you should seek a lawyer to be sure of the implications.

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Answered on 7/27/07, 1:26 pm


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