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?

UPDATED: Jan 31, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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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