New York, NY asked in Car Accidents and Personal Injury for New York

Q: wrongful death auto car accident lawsuit

- Mr.A got into an auto car accident and a pedestrian got killed unfortunately

- lawsuit of wrongful death lawsuit is brought against Mr.A.

- if the case is settled for X amount and still the balance is remained after insurance payment, can they come after Mr.A's business for remainder of the money?

3 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Not clear what you are asking ---if you mean after the car insurance pays, they will likely also look for coverage from the business insurance. The attorney's main interest is in insurance--for the most part, they aren't interested in someone's business except to the extent that means more insurance.

Also, any insurance, in exchange for a payment, will ask for a release of all claims. I have seen cases where they only ask that the person who has the insurance get a credit but the insurance will hire for Mr. A an attorney and Mr. A needs to ask that attorney. Mr. A will want to get together all of his insurance documents --homeowners, business, auto, and pay to get an in person consultation with a bankruptcy attorney as a Plan C.

Michael Bersani

PREMIUM
Answered
  • Personal Injury Lawyer
  • Auburn, NY
  • Licensed in New York

A: Yes, they can come after him, but whether they can come after his “business” too depends on how it is set up.

Michael Bersani

PREMIUM
Answered
  • Personal Injury Lawyer
  • Auburn, NY
  • Licensed in New York

A: Modifying my last answer. They can come after me. A for a JUDGMENT above the policy limit. If the case “settled” then tge plaintiff would have signed s release that protects mr A from being personally sued.

1 user found this answer helpful

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