Port Saint Lucie, FL asked in Personal Injury and Car Accidents for Florida

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?

1 Lawyer Answer

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.

1 user found this answer helpful

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.