Legal Question in DUI Law in California

Motorcycle DUI Accident - Wage Garnishment?

Hello,

I was on a motorcycle fairly intoxicated and ran into an oncoming car. We were in a 25 mph zone and no one was deemed to be speeding. It was my first DUI. The passengers have no major injuries, but are trying to sue me personally for over $400K. My insurance limits only cover up to $30K. Is there any chance I could have my wages garnished?

Thanks


Asked on 3/16/09, 11:54 pm

3 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Motorcycle DUI Accident - Wage Garnishment?

If the person you hit successfully obtains a judgment against you in excess of your policy limits then all of your personal assets are at risk.

More than just a wage garnishment may await you in the future from this. Talk to your insurance company, they will provide a lawyer for your defense.

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Answered on 3/17/09, 12:41 pm
Terry A. Nelson Nelson & Lawless

Re: Motorcycle DUI Accident - Wage Garnishment?

Turn it over to your insurance and ask your questions of their representative after he learns all the facts. If there were no 'major' injuries, then the insurance company should be able to settle within limits.

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Answered on 3/17/09, 12:56 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Motorcycle DUI Accident - Wage Garnishment?

What do you mean, "trying to sue you"? Either they are, or they aren't suing you. Chances are their lawyer will be happy to take the $30K. Of course, if you were legally intoxicated they'll sue for punitive damages, they'll get a lot more than $30K, and you'll be paying it out of your paycheck forever, you won't be able to avoid it in a bankruptcy. At least your own insurance will defend the case for you -- but they could decide to fork over the $30K and leave you on your own for the rest.

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Answered on 3/17/09, 12:01 am


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