What can my girlfiend legally do to protect her money if she is being sue over the amount of the insurance coverage ? Can she move or invest money?

She is being sue for hitting a pedestrian that was jay walking .She is inocent but she can proved because there are no witness and the police report didn’t stated the fact of the accident correctly .. Can she do anything legal to protect her savings ? she work very hard to save $30.000 to buy a house and she has two kids to feed and protect ..the lawsuit is for 150.000 her insurance only cover upto 100.000 .. What can she do…please help us..

Asked on June 7, 2009 under Accident Law, New York


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, you may not have to worry since in all likelihood the matter will be settled within the $100,000 policy coverage that she has. People always sue for more but rarely get it in accident cases. However to protect against any such over award, your girlfriend would have to try and Judgment proof herself. This means that she would take herself off anything in her name. If she ownss a house she would have to sign it over to someone else which would not be a real good idea. She could have someone place a mortgage on the proeprty and then when the matter is settled the mortgage acan be satisfied. She would not have to worry about her cars since this is really an asset that they seek to go after. Again, I believe that these steps may be unnnecessary and can be done at any time prrior to the Judgment. I would wait and see if the matter is settled before going this route.

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