If I got into a car accident and the other person states that they were injured more than my insurer will pay them, do I have to sell my home in order to pay for the costs?

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If I got into a car accident and the other person states that they were injured more than my insurer will pay them, do I have to sell my home in order to pay for the costs?

Asked on January 6, 2015 under Personal Injury, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

If the insurance is paying the policy limits of your coverage, and the victim has more damages than that, then the victim may sue you for the additional damages.  If they get a judgment against you, there are various things they can do to collect on it, but forcing you to sell your home is not one of them.  They can garnish your earnings and/or your bank accounts.  They can hold a debtor's exam and force you to reveal assets that may be able to be tapped to pay them.  If the insurance is just not paying because they don't want to, then they will have to provide you a defense to any litigation, and you may have a claim against the insurance for bad faith.


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