What can I do if I’m being sued for a car accident/personal injury for which I was at fault?

UPDATED: Jun 30, 2015

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What can I do if I’m being sued for a car accident/personal injury for which I was at fault?

I’m insured and notified them as needed. I was not hurt and my vehicle was not damaged not a scratch. I’m broke I have no assets. However, I just won a class action civil lawsuit settlement. Can the plaintiff that suing me go after my settlement compensation that I won if they find out?

Asked on June 30, 2015 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are insured, then if the plaintiff wins, your liability insurance policy should pay any judgment against you, at least up to the policy limit of the insurance. If you are sued for, and have a judgment against you, for more than that, then you'd have to pay; if you can't pay, the plaintiff can go against your assets. Your assets include amounts owed to or due to you, such as your settlment compensation, so yes, it may be possible for them garnish or levy on your settlement.

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