If I had accident and hit a motorcycle and we both had insurance but it may not be enough to pay hospital bills, can he take my home?

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If I had accident and hit a motorcycle and we both had insurance but it may not be enough to pay hospital bills, can he take my home?

Asked on June 11, 2013 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF you are sued by the motorcyclist (or his insurer, under the theory of "subrogation," to recover whatever they paid out to him) AND he wins (which will mean, among other things, that he established in court that you were at fault) so that he gets a judgment against you, and if you do not pay that judgment, then there are several ways he can try to collect. One is by putting a lien on your house; another is by garnishing (or taking part of) your wages; a third is by levying or executing on your bank account or other personal property (e.g. ATVs, cars, boats, etc.). Exactly which he (or his insurer) may try to do, and the effect, will depend on the circumstances (for example: putting a lien on a house doesn't really matter if there is little equity in the home or it is currently underwater on its loans). So the answer is: there is a chance of this, but whether it happens depends on whether you are sued, they win, and the economic circumstances.


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