If my father was in an accident 8 months ago and had no insurance, can he lose his home since he’s now being sued?
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If my father was in an accident 8 months ago and had no insurance, can he lose his home since he’s now being sued?
He has a subrogation claim filed against him for $15,000.
Asked on February 19, 2012 under Accident Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, he would only be liable (financially responsible) if he was at fault in the accident--that is, if he caused it either through negligence (unreasonable carelessness) or intentionally. If he believes he was not at fault and has evidence to that effect (e.g. a police report; police officer and his own testimony; other witnesses), he may be able to defend himself effectively in court.
If was at fault and the insurer suing him wins, they will obtain a judgment against him. If the does not pay it at that time, the insurer may try to garnish wages; to take money out of his bank account(s) (called levying or executing on an account); to have some of his property (such as car) seized and sold (also called execution); and/or to put a lien on any real property of his. That last option would potentially lead, in some circumstances, to his losing his home, so if he loses in court and does not pay, it is possible that he could ultimately lose his house.
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