Being Sued In A Car Accident: What Can They Take?

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Being sued after a car accident can be scary. The last thing that you want is to have your assets seized as part of the lawsuit, and this article will tell you what they might take if you were at fault in the accident. Your home, car, and any money that was in your bank account on the day of the accident are all things that could be taken by an attorney representing someone who was hurt or killed in your car crash.

In order to make sure this doesn't happen, you'll want to prepare for the worst. One way is by adding a designated driver as one of your beneficiaries on life insurance policies that are worth at least $100,000 and naming someone else as beneficiary if they're not available. You can also buy disability insurance which will cover any lost income from being unable to work after an accident like this. If you don't have any assets or money in the bank, it might be difficult for the insurance company to take anything from you unless there's something unusual about your case (you were drunk while driving). I know how scary getting sued can feel so let me help guide you through what could happen next when someone gets into a car wreck with you!

What Assets Can Be Taken In The Lawsuit?

The most common assets that can be taken in a lawsuit are your bank account, house, and car. This is because anything you own (or have) has value to it which the plaintiff might want some of. You could also see them take things like money from any personal injury claim or workers' compensation benefits if they were involved with the accident as well. Worst case scenario, someone being sued will try to take everything you own including those big items above so make sure you're prepared for this by having an emergency fund set aside for events such as this, and be sure it's in a trusted friend or family members bank account so it is not seized with the rest of your cash..

If you are in the process of being sued, talk to your attorney and find out what they can take from each asset category so that you know how much money will be coming into your account for living expenses. Even if it's not a lot of cash or items, there is still relief knowing that someone might not come after all of those things which were previously owned with love when most people just want their life back without having to start over again.

But let's be clear, you still have rights in a car accident even if you were at fault. It's unlikely you will be losing your house or other assets that are necessary to your survival. Your insurance policy has policy limits, so it's likely they will go after some of your assets, but not all.

This is just a general outline of what someone can lose in the event they were at fault for a car accident, so be sure you speak with an attorney about specifics related to your case and ask them if there's anything else you should know. How much you can lose depends on a multitude of factors such as your insurance coverage, lost wages, policy limits, liability insurance, and even medical bills.

The point is not to take this information as legal advice, but guidance on how much could potentially be taken from different types of asset categories. It may seem like more than enough money or items lost already, but it will help knowing where you stand in comparison to others who have gone through similar circumstances before bringing up any thoughts about bankruptcy, which would require going down another whole road first off.

What Happens If Someone Sues You And You Have No Money?

There are ways to handle this situation, but it's important to know before anything else that if a lawsuit is filed, you will be served. This means in all likelihood someone from the plaintiff's side of things sent an official letter or came by your house looking for either yourself or anyone who lives there so they can serve them with the paperwork which contains information about how much money they're suing for and what the case is about.

Fortunately, people don't have access to everything when filing lawsuits. If you were at fault in a car accident and being sued because of it then yes- any assets related to that incident could potentially get taken away as long as their loss doesn't exceed $100K depending on the state you are in.

Items taken could be a car, personal items from the car such as your cell phone and anything in it that you were using during the accident or any other property.

Wages can also get garnished which means if you are at fault in an auto accident and being sued then they would take money directly out of your paycheck to pay for damages after their claim is approved by a judge. The good news is if you were partially at fault then chances are less likely that wages will get seized but still not 100% guaranteed.

They cannot seize things like retirement funds or public benefits unless there's something else linked to those assets such as fraud.

Will You Car Insurance Company Provide A Lawyer In Your Case?

In almost all circumstances, your car insurance company will  provide a personal injury lawyer to represent you in your case. That's why when car accidents happens it is so important to call the police and file an incident report as soon as possible because if there are any discrepancies with what happened then most likely that can be disputed by your personal injury attorney on top of all the other evidence you may be able to provide.

Car insurance companies work off a "duty to defend" in cases like these. This means that they have to defend you in the lawsuit even if it's not your fault, but only up until the point where there is a decision made whether or not you are legally negligent for what happened. Your insurance company probably will not have your best interest at heart, so it's common to see them claim you at fault.

If their lawyers decide that there was negligence on your part then they can withdraw from defending you which means you'll need to hire an attorney of your own and will most likely face steep costs as well. Insurance company's are not known to provide legal advice, and certainly will not go the extra mile for a claim, even if it looks like it will go to trial. Your best bet in these situations is to speak with a car accident lawyer after an accident. They will help you to get  the compensation you deserve (if any) and help you dealing with the settlement. It's also important to note that unlike your insurance company, an auto accident lawyer operates under attorney client privilege.

How Do You Know If It Was Your Fault?

When deciding who is at fault in an auto accident case, one thing taken into consideration is "contributory negligence." What this term refers to is when someone contributes (or partially causes) his or her own damages because of carelessness such as: using alcohol, operating a cell phone, falling asleep at the wheel, or speeding.

Contributory negligence is not always used in auto accident cases, but it's something you should be aware of nonetheless.

If contributory negligence applies to your case then any damages you are awarded will be reduced by the percentage that was attributed to you for causing the incident like if someone else caused 40% and you had 20%. This can result in a smaller payout than what would have been given otherwise which could lead to less money going towards paying off medical bills, lost wages, property damage costs and other expenses related to an injury lawsuit after a car accident.

How Do You Win A Car Accident Lawsuit

The most logical thing to do after a car accident is to lawyer up. Hiring an experienced injury attorney will significantly increases your chances of winning your case.

Additionally, taking photos at the scene of the accident will help prove fault in the event of a legal dispute. If there were any witnesses at the scene, you should take down their contact information as well in case the case goes to trial.

Be sure not to disclose anything more than necessary to the other driver or their insurance company. When the police arrive, be detailed and thorough with them, but do not admit fault.

Your legal obligation to speak with the other driver is minimal. You can simply explain to them you believe it's best they speak directly with your lawyer. Same goes for the other parties insurance company.

Hire A Personal Injury Lawyer

If you are injured in a car accident, it is important to understand your rights and what the other party can take from you. If they sue for damages, their lawyer will research whether there's insurance coverage on both parties' behalf (no matter who was at fault). If you do not have your own lawyer, you will need to rely on your insurance company to defend you, when you may carry the same insurance policy as the other driver, so they have no reason to protect your rights.

Hiring a car accident lawyer is the safest way to make sure you have a fair case and proper guidance throughout the process. They will help minimize the damage to you and potentially even begin a claim against the other driver to help display they were in some way at fault for the accident as well.

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