Legal Question in Credit and Debt Law in California
car accident
i was in an auto accident and i didn't have insurance. the person i hit has now called a claims company to try to get money from me. however, i have ssi and cannot pay. my question is, since my car is in my name, can they repossess or take my car/ssi money from me??
2 Answers from Attorneys
Re: car accident
Unfortunately, they may be able to do both. The person asserting the claim will have to file a lawsuit, or more likely if he has uninsured motorist coverage, his insurance company will soon be suing you. When and if they can obtain a judgment, they can levy against your car, bank accounts and other assets you may have to satisfy the judgment. You will want to contact an attorney to defend the lawsuit and/or assert exemption claims to prevent the levy against your assets and income.
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Re: car accident
They can sue you and obtain a judgment, and then move to collect it by trying to take your car, bank account and income. There are exemptions available to protect some equity in your car, along with exemption of government benefits like SSI. If the amount claimed is small, it may be easiest to work out a settlement and payment plan before they sue and you're forced to answer.