Worse case scenerio on auto accidents being sued

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Worse case scenerio on auto accidents being sued

I was involved in a multi-car accident last year and at fault. I have the minimum required coverage on my policy. I am being sued for money outside of what my policy covers. What is the worse case scenario on these situation. I do not have a savings account I do not have any assets and I live pay check to paycheck. The one party that is currently suing me has no health insurance, is a single mom, does not have a career type job.

Asked on April 13, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are sued for more than your insurance will cover and lose (which sounds like the case, since you admit you were at fault), you have to pay any surplus over your insurance limits yourself (out of pocket).
If you don't have the money or assets (e.g. real estate; savings; etc.) to pay, the person suing you may not have much they can do, however: your state (Texas) does not allow wage garnishment for debts due to car accidents (most states do; you are lucky to be in Texas). So they may not have any way *now* to get money from you. However, a judgment stays active for years: at least 10 years, though that can be extended. So if you get more money in the future (e.g. inherit something; get a better paying job and save money; win the lottery; etc.), the person who sued you may be able to get payment from you then.


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