Wildomar, CA asked in Personal Injury and Car Accidents for California

Q: Can I be sued if I was in an accident and the damages we're $150k but my insurance only covers $50k?

If so can they go after my home? I don't own it yet but its got about $200k in equity.

3 Lawyer Answers

A: Yes. If your insurance limits are not high enough to cover the damages you caused, the injured parties can sue you, and collect the difference from your assets. Each case is different, so you should consult an attorney regarding your specific risk. Start with the attorney provided to you by your insurance carrier.

William John Light agrees with this answer

A: Yes they can sue you and your insurance company would most likely defend you. If the your insurance coverage isn't enough and they pursue you for more your equity could be at risk. You are allowed a "homestead exemption" amount that you can protect but you might have more equity than your situation would allow. If you get sued then you should participate with the attorney provided and possibly consult with your own. Whatever you do - you should not try to "hide" any of your assets because that isn't always a good solution.

William John Light agrees with this answer

A: You didn't mention it, but I assume that you were at fault in the accident. If so, your insurance would pay $50,000 in damages, and represent you if suit is filed. After that, the plaintiff would either pursue you for the balance or not. You might try making an offer of settlement to the plaintiff (or his attorney), and explain your financial situation to him/her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.