Legal Question in Personal Injury in California
what can protect my home from a civil lawsuit
we are in a trucking partenership and one of the partners had an accident and injured someone really bad (paralysed). we have a commercial insurance that will cover 1 million dollars but we think it will be more. he dosent own anything but we have a home how can we protect it now.
3 Answers from Attorneys
Re: what can protect my home from a civil lawsuit
Too late. If this is really a partnership, not a corporation, all partners are legal liable for acts of the others. That's why I never allow my clients to enter a naked partnership. Any attempt by you now to transfer title to real property could be set aside as a fraud. One of the few things you can legally do now is homestead your house. Take seriously your need to supervise and control the defense of this action through your insurance company and their attorneys. Make sure you know what is going on and give your input.
Re: what can protect my home from a civil lawsuit
Enquire of the insurance company regarding your right to be represented by cumis counsel. If the insurance company provides cumis counsel then find an attorney who will work on that basis.
Re: what can protect my home from a civil lawsuit
Mr. Nelson is right that it is too late to do anything now. However, your insurance policy probably does not let you take control of your defense. What you may want to do is consider retaining counsel, at your expense, to monitor the insurance company and make sure they are acting in your best interest - not theirs. While this may cost you a few dollars, it is better than someone missing something and you and the other partners having personal assets at stake.
In the future, you should buy a policy with more coverage or consider changing the form of the business so that you are protected.