Can a car insurance agency still go after me for damages while I am on disability?

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Can a car insurance agency still go after me for damages while I am on disability?

I was involved in a car accident that was my
fault and involved 2 other cars. There was
damage to both cars and my vehicle totaled. I
have car insurance for my own vehicle but
unfortunately was excluded from my husbands
plan. I have just recently been diagnosed with
breast cancer and am recovering from a
mastectomy and will be undergoing
chemotherapy this next month. I am on
disability at this time. I do not own my home.
Can the other insurance parties attach my
disability payments?

Asked on February 19, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Generally, disability payments cannot be garnished or attached. Any other income you have can be; and more importantly, once the money is in your bank, it can be reached even if its original source was disability: it's only the stream of payments itself, not the cash once you are holding onto it, that is protected. Do not accumulate excess cash if there is or is going to be a judgment against you.


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