If I was in an auto accident and was found at fault, what happens if my insurance does not cover all expenses related to the accident?

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If I was in an auto accident and was found at fault, what happens if my insurance does not cover all expenses related to the accident?

I have good insurance but am worried about what happens if the insurance does not cover all expenses and I am sued. I can’t afford an attorney as I have nothing – no property, no saving and living check to check. What happens if I’m sued and can’t pay?

Asked on January 31, 2015 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your sued and are found in court to have caused the accident, then you would be personally liable for any amounts in excess of what your insurance pays. If you have no assets and little income, the plaintiff (person or business) suing you may be unable to collect for now (though even living paycheck to paycheck, in most states, they could garnish, or take, at least some of your income). However, the judgment against you will be good for years--they can try to collect years in the future, when you do earn or have more. The judgment will also severaly damage your credit record or rating.


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