Legal Question in Personal Injury in Georgia

car/motorcycle accident

I was involved in an accident one year ago. I was turning left into a driveway, did not see the cyclist coming, he lost control of the motorcycle and slid into my car.I was cited for failure to yield right of way. He suffered truamatic injury but has since recovered but I do not know how well. He was on the job and covered by Workman's Comp.

Question: He has sued my insurance company for $250,000 and received it and is now suing me personally. What is it that I own that will be affected by a decision declaring I am liable? I am married, work part time, and have my name along with my husbands on the house we own and on a car that we own. Can they touch my husband's 40lK retirement? My name is not on this, it is his alone. Also can they garnish my husband's salary as well as mine? I am assuming that since he is an innocent party that this does not include him. thank you so much for your answer and time.


Asked on 6/08/07, 2:19 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: car/motorcycle accident

If you are being sued, you need a lawyer and not internet forum like this.

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Answered on 6/09/07, 2:13 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: car/motorcycle accident

You say he got $250K from your insurance company and now is suing you personally. That does not make any sense. He would have to sue you personally in the beginning, and you would then tender the suit to your insurance company to defend and indemnify you. If he offered to accept the policy limits, you could demand that the insurance company pay that to protect your assets and income. If he refuses to settle for policy limits, then you would have exposure above the amount of policy limits that you chose to purchase. He could not get the equity in your house, he could not get to that unless he could pay off the mortgage when he levies on it. If your husband was not a defendant in the case, he could not garnish your husband's wages, bank account or 401K.

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Answered on 7/04/07, 9:19 pm


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