Q: Can they come after my house, wages, savings and social security for the difference? How about husband's assets?
The wife was involved in an auto accident and hit a bicyclist in Florida. Bicyclist was injured. I have $100,000 insurance, but the bicyclist medical bills are over $200,000. Bicyclist has an attorney. Can they come after my house, wages, savings and social security for the difference? Can they come after the husbands (me) assets too?
A:
I assume your insurance provider has contacted you and provided you with an attorney to deal with the plaintiff's lawyer. If not, contact your insurance company immediately. While the injured party's bills may technically be $200,000.00, often that is the "sticker" price rather than the actual out of pocket bills amount, which often times is significantly lower. However, If the bicyclist has permanent injuries and will require future treatment, then the medical claim may be significantly higher.
Your insurance company must protect your interests as best it can and is contractually required to pay up to your $100K policy limits to do so. As far as coming after you for any excess amounts, your house, if it is "homestead" property is protected. Your savings ( bank accounts, 401K, etc) are not, however it is extremely burdensome to execute against those assets. Assuming the vehicle was jointly owned by you and your wife, your assets are also in play.
However, more often the plaintiff's attorney will demand that you execute an affidavit detailing your assets, determine they are either insufficient `or difficult to go after and then make a claim against his client's uninsured / underinsured motorist coverage( if there is such coverage).
I suggest that you consult with your financial adviser as well as an independent attorney for advice on which assets are protected and how to shield them for a potential excess judgment.
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