How Can I protect myself if I don’t have coverage for this loss? Claimant is threatening to take our land.

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How Can I protect myself if I don’t have coverage for this loss? Claimant is threatening to take our land.

We have a property in TX and one of our cows got loose onto the hwy. A semi truck
hit the cow at midnight, causing damages to their truck. I do not have property
insurance to cover this loss, how can I prepare myself if he sues me?

Asked on July 13, 2018 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is nothing you can do to protect yourself *after* you are aware you may be sued. There are things you can do before a lawsuit is even threatened, such as putting assets into a trust, which will protect them in many situations, but the law does not let you hide assets from known or suspected creditors, including people who may sue you--once you are aware that you may owe money or may be sued, any transacton done to hide or protect assets can be voided or undone.
The situation may not be as serious as you think:
1) To win a lawsuit, he'd have to prove that you were negligent, or unreasonably careless, such as by not securing the cow properly. If you took reasonable precautions but the cow got loose from no fault of yours, you are not liable to him.
2) He'd also have to prove that he was not careless; if he was--such as driving too fast or texting while driving, driving while too tired and falling asleep, etc.--that would reduce, or possibly even eliminate, the compensation to which he'd be entitled. You can't recover compensation from another person to extent an accident is your fault.
3) Even if you are at fault and he is not, he can only get from you the cost to repair his truck. That may be an amount you can pay.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption