Can a car insurance agency still go after me for damages while I am on disability?

UPDATED: Sep 30, 2022

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Can a car insurance agency still go after me for damages while I am on disability?

I was involved in a car accident that was my
fault and involved 2 other cars. There was
damage to both cars and my vehicle totaled. I
have car insurance for my own vehicle but
unfortunately was excluded from my husbands
plan. I have just recently been diagnosed with
breast cancer and am recovering from a
mastectomy and will be undergoing
chemotherapy this next month. I am on
disability at this time. I do not own my home.
Can the other insurance parties attach my
disability payments?

Asked on February 19, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Generally, disability payments cannot be garnished or attached. Any other income you have can be; and more importantly, once the money is in your bank, it can be reached even if its original source was disability: it's only the stream of payments itself, not the cash once you are holding onto it, that is protected. Do not accumulate excess cash if there is or is going to be a judgment against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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