What to do if my daughter was in an accident and my insurer already paid out $400,000 but I just got a letter that said I used all my insurance money and I should get a lawyer?

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What to do if my daughter was in an accident and my insurer already paid out $400,000 but I just got a letter that said I used all my insurance money and I should get a lawyer?

Can they make me sell my house, cars, and can they sue my 17 year old daughter?

Asked on July 15, 2013 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are sued by the person(s) whom your daughter injured in the accident, then yes--you most certainly should retain an attorney. If someone is injured and the damages they suffered (such as the sum of medical costs, present and future; lost wages and reduced earning potential; pain and suffering, if there is some significant life impairment; and property damage) exceeds your insurance coverage, they can sue you for any amounts not paid by insurance. If they sue you and win, but you do not or cannot pay, they could try to put a lien on real property, garnish your wages, execute on (or take) money in a bank account or personal property (such as vehicles), etc. As a parent, you could be sued for injuries or damage caused by a minor child. Therefore, you should seek legal assistance if sued.


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