If my insurer didn’t pay the person that I hit enough money and she is now suing me, can I lose my home or car?

UPDATED: Sep 13, 2014

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If my insurer didn’t pay the person that I hit enough money and she is now suing me, can I lose my home or car?

I am on SS disability ($908,a month) and haven’t worked in 9 years. I have a wrecked 7 year old car and a mobile home.

Asked on September 13, 2014 under Accident Law, California


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

If the victim agreed to a settlement with the insurance, she would have had to have signed a release of liability.  It sounds like your policy limits did not cover the victim's damages.  If so, yes the victim can come after you.  Most states have a homestead exception that would allow you to stay in your mobile home, even if she got a judgment against you.  She might file a lien against it, which would only kick in if you sold it.   

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