Legal Question in Civil Litigation in California

a person i had an accident with is suing me directly because they are not satisfied with what my insurance company is offering; if they do win a settlement can they have my wages garnished or will they be forced to take payments ?

Thank you


Asked on 1/11/12, 1:29 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Probably your insurance company will handle the matter and nothing bad will happen to you. Make sure the insurance company gets a copy of the lawsuit as soon as you receive it. They will provide you with a free lawyer. Unless there is a court judgment for more than your policy limits, the insurance company will pay for all the damages. If the other party's damages are very severe and their lawyer won't accept the policy limits, you might have to seek bankruptcy protection (which would wipe out most court judgments). Ask the lawyer that your insurance company provides for you.

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Answered on 1/11/12, 1:36 pm
Anthony Roach Law Office of Anthony A. Roach

You need to tender defense of the lawsuit to your insurance carrier. They will assign an attorney to represent you. That's what your insurance is for.

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Answered on 1/11/12, 1:42 pm
Terry A. Nelson Nelson & Lawless

Immediately turn this lawsuit over to your insurance company to handle through their attorneys. Yes, if the plaintiff gets a judgment against you larger than what your insurance coverage provides, they can go after your personal assets. That is why I 'preach' to people to have adequate levels of liability insurance, not just the minimums. Make sure you do for the future. Also, make sure you have uninsured motorist coverage levels the same as your liability levels, since that is what will pay your medical damages if an uninsured driver hits you.

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Answered on 1/11/12, 1:49 pm


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