What happens if I am being sued by victim because their insurance company won’t pay up?

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What happens if I am being sued by victim because their insurance company won’t pay up?

Almost 3 years ago I hit a pedestrian in WI. She suffered some broken bones and has an unknown amount of medical bills now. I was fully insured and my insurance company paid the max amount that I was insured for ($25,000). She had underinsured insurance but her insurance company is not paying. She has been suing it for that amount but now her lawyer wants to bring me into the suit. I am in the process of buying a house and I just got married. If there is a judgement against me can they take my house (even though I’ll have no equity) or my husband’s limited assets? We now live in OH.

Asked on September 21, 2011 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you're being sued, you need to get an attorney to defend and represent you.

2) If there is an insurance company that you feel should pay some of the liability against you but is not, you may be able to bring that company into the lawsuit against you and try to hold them accountable. This is something your attorney can help you with.

3) If someone gets a judgment against you, one way they can try to enforce it is with a lien on your property (on any property which you own or jointly own). This lien is not quite like a mortgage; it will not let the lien holder foreclose or take  the house. However, the lien will be a cloud on title, and the house may not be sold unless the lien is satisfied (which may mean, if/when you sell the house, taking some of the proceeds or equity to which you'd otherwise be entitled and using it to pay off the lien).

4) Remember, you could also face other judgment enforcement mechanisms, such as having wages garnished.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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