Legal Question in Personal Injury in California
summons and complaint
The plaintiff claims damages equal 32,000, for an accident two yrs ago.I was insured for the minimum 15,000. My major question is can a lawsuit won over the amount I was insured allow them to take away my 13 yr old car worth 3,000 which I live in. I have no other assets or money for them to take. Is my car safe. I own it. Can any judgement be levied on it? If so, should I give it to someone until the case is settled or sell it until then? Thank you, I appreciate your time.
2 Answers from Attorneys
Re: summons and complaint
First, the amount clamed in the complaint represents a maximum potential recovery, not an automatic one.
Second, your insurance company's obligation is to try and settle the case within your policy limit to avoid the type of problem you are concerned about.
Third, California allows you to exempt one car from judgment execution, so your car is safe. Keep it. If you give it away, you'll risk not getting it back later.
Re: summons and complaint
Just because they are suing you for that much does not mean their case is worth that much. Your insurance company has an obligation to try to settle within your policy limits. If they cannot, you can protect one car. You might want to let your adjuster know that you have no assets and he can pass this on to the attorney for the plaintiff.
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