What assets can be taken in a personal injury lawsuit?
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What assets can be taken in a personal injury lawsuit?
I was involved in a accident where a pedestrian crossed against a signal and I hit her (in GA a pedestrian cannot be at fault). She is not happy with an insurance settlement and is attempting to “get all she can” through a lawsuit. If an asset check is done on me, what assets are they looking for? What can be taken in a lawsuit? I have 1 home (not completely paid for), 2 cars (paid for but not worth much), and a few retirement accounts.
Asked on May 9, 2011 under Personal Injury, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Hold on a minute. Has the matter settled or is it still in suit? Did your insurance company offer you a defense in the matter or was this "settled" with a claims adjuster? This whole question is making me very nervous for you and you need to go and speak with an attorney as soon as possible. If the case settled then she should have signed a release which should preclude her from bringing an action against you. Additionally, was she offered all of the policy in order to avoid a judgement against you? Your insurance company has to negotiate in good faith on your behalf or else they are responsible for "bad faith" which is a very serious allegation against them and actually good for you. Please, go and see an attorney. A judgement against you means that someone can place a lien on your home, garnish wages, have the sheriff take personal assets - a lot of bad stuff. Good luck.
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