What to do if I just found out the person I was in an accident with is asking my insurance for $100,000 but I am only covered up to $50,000?

UPDATED: Oct 20, 2014

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What to do if I just found out the person I was in an accident with is asking my insurance for $100,000 but I am only covered up to $50,000?

I am $80,000 in student loan debt and won’t be out of school for over a year. If it comes down to it, can he sue me and garnish my wages of my future even thought I will be in debt for the next 20 years because of student loans?

Asked on October 20, 2014 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF you were at fault in causing his injuries or other losses, and IF he can prove that you caused $100,000 in injuries, medical bills, or other costs and losses (i.e. he can "back up" the amount he is seeking), then yes--he can sue you and potentially get a judgment against you for $100k. If your insurance only pays $50k, he could try to collect the rest by, for example, garnishing your wages. You might, if it comes to that, have to consider bankruptcy as an option.

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