If you are injured by a motorist who is under 21 and is on an auto policy with his parent for 15/30/10 coverage and they own a home can you sue them and attach a lien to there home for the difference in which they don’t carry

Mother son share auto policy
husband deceased mother owns home
but is under insured on auto

Asked on May 27, 2016 under Personal Injury, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the at-fault party's insurance carrier.  Most of these cases are settled without filing a lawsuit.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of wage loss.  Your claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
Since it is the parent's insurance policy, you should name the parent as a defendant in the lawsuit in addition to the at-fault driver.  Upon obtaining a judgment by prevailing in the case, you can enforce the judgment with a lien on the parent's home.  The judgment can also be enforced with a wage garnishment.
If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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