Legal Question in Civil Litigation in Virginia
virginia laws on houses in a civil case
i was involved in an accident in july 2000, my insurance policy covers 15,000 in damages, the person i hit is asking 75,000. my insurance company has it under investigation, in the mean time i have been served papers. my question is such, i am in the coast guard and not a resident of florida, my tour is up in feb 2002.i own a home in virginia, by virginia law can my house be taken away from me if the settlement is against me. and where does the soldiers and sailors act come into play.
the person i hit did not go to the hospital, drove his vehicle away, and is claiming that it aggravated a past injury.
your advice would be greatly appreciated.
thank you.
2 Answers from Attorneys
Re: virginia laws on houses in a civil case
Your insurance company will provide you with an attorney to defend you up to your policy limits. You should direct all of your questions to that attorney. It is his job to defend your interests and to assert the Soldiers & Sailors Relief Act for your benefit.
Re: virginia laws on houses in a civil case
Your question calls for a lot of reading between the lines.
Did the accident take place in Florida? Apparently so, but it's not certain from your wording.
How much actual equity do you have in the house in Virginia? If it's very little or if it's quite a lot make for potentially totally different answers.
Additionally, what is your overall financial situation. It could be that bankruptcy could, if there is financial justification for it, completely solve some of the financial problems raised by the accident. Additionally, if you own the Virginia real estate as tenants by the entirety with your spouse, if you have one, that may make problems with the real estate totally non-existent.
Don't be reluctant to spend a few bucks to get the answers to the properly formulated questions. Ever heard of "penny wise and pound foolish"?
You need to consult with the defense attorney assigned by your auto insurance company and with a Virginia attorney about the specific effect, if any, on your real estate.
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