Legal Question in Civil Litigation in California
Saving my house if being sued for personal injury
Is there a way to protect my house if we are being sued for a personal injury suite? There was a vehicle accident and we only had the minimum amount of liability ins.(stupid) I know. If the plaintiff's sue for more than the insurance amount we are responsible. Is there a way to save our house and assets?
2 Answers from Attorneys
Re: Saving my house if being sued for personal injury
First, the insurance company will hre a lawyer to protect you and part of his job is to see that the case resolves without going over the policy. if there is a real danger of the case going over the policy they will notify you of this. You did not mention what kind of injury is involved. that is important. If there really is a danger there are steps a private attorney can take such as sending letters to the insurance company that can provide some protection.
Re: Saving my house if being sued for personal injury
Of course first thing to do is insure your vehicles with a 50/100 policy. Usually, an attorney will recommend to their client that they wouldn't get more than that out of your personal assets. However, since it was a minimum policy and you have assets an attorney may try and collect the judgment from you directly. Your insurance company attorney will do everything in his power to settle this matter out of court. Hopefully, they will settle for the $15,000 and then if they have underisured coverage get whatever they can out of that. I have never personally gone after a private defendant because it just takes to much time and if after everything is said and done and they have a judgment against you, you can discharge it in Bankruptcy. I know that this is a hard reality, but at least this way you can protect your house. I would also get a Homestead declaration from the local Mail Boxes Ect. and file it with the county clerk this way nobody can ever take your house away it cannot even be foreclosed on. Everyone who owns a home should have this document on file just in case something ever happens you know you will never be homeless. Good luck.
John Hayes