Can You Get Sued Personally for a car Accident?
I just wanted to know if you can get sued personally for a car accident if it was your fault. I know the other people can sue your insurance company for money but what about you? If so, how much do people usually sue for? I know there's things to consider such as Medical Bills, Emotional Pain, Physical Pain, Property Damage, and etc. Also, if you have no money for them to take can they take something of your belongings that might be worth something such as a House, Car, Property? Thank You!!!!
- CliveLv 74 years agoFavorite Answer
Actually they can't sue your insurance company. YOU were responsible for the accident, not the company. If they want to sue anyone, it HAS to be you. Your insurer will pay out for what the policy covers but if they don't think that's enough, suing you is the only alternative. Your insurer may even handle the court claim but technically, they're doing it on your behalf.
There is no sum people "usually" sue for - it just has to be whatever is reasonable according to the court. And whether they are awarded that much is up to the court. They can claim what they like but it's up to the judge. A lawyer can advise about what the court is likely to say.
But if you don't have any money, suing is pointless. Rule One of litigation according to when I studied law... it is a total waste of time suing you if you can't pay. OK, they might get a judgement against you, but what use is that? Any lawyer with even half a brain will advise against it. They don't want to take on a hopeless case either because they want to be paid!
There are ways of extracting money out of you. The court could order that your wages be garnished. And it is possible for the court to order taking your property.
I'm not American so I don't know exactly how it is done in the US but American law is based on English law. So in fact I can watch "Judge Judy" here in England and I can well imagine all the cases being decided the same way. Everything Judy says about what the law is would be right here too.
And what is possible here is that if you don't pay up, the plaintiff can ask for the court to send bailiffs round to take belongings to sell at auction. They can't take your house because you need somewhere to live but just about anything else is fair game. But what is your stuff actually worth second-hand? Probably not much.
I say this because of a TV show here "The Bailiffs are Coming". This follows High Court enforcement officers (who have more powers than county court bailiffs) and just about every case involves a business that was successfully sued and didn't pay. There is just no point doing this with a private individual like you.
- njyogibearLv 74 years ago
You can get sued personally for a car accident.
- SumLv 74 years ago
Oh yes - that's why you want to spend a little more and get a competent, bigger name, company. Get a little extra insurance for this. It can really pay off if you have some big ugly accident.
A competent company like Farmers will go a long way to protect you from personal lawsuit - they got lots of good lawyers - and you will probably have a representative in town.
Probably 95% of lawsuits of this nature are nonsense - and they sue you just because they think they can get something for nothing. But if these sue-happy people are faced with a good company with competent lawyers, they'll be running in all directions.
- davidmi711Lv 74 years ago
Of course you can be sued personally. If the case is going to court you do not sue the insurance company, you sue the person that caused the accident. The insurance company has no liability in the court case.
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- Little PrincessLv 74 years ago
They don't sue your insurance company. They sue you. Your insurance company defends you and if you lose, they pay out for the damages, up to the limit of your policy.
If you only have $100,000 of liability coverage, but go out and totally a $150,000 Ferrari, your insurance will cover the first $100K of damage, and you'd be on the hook for the remaining $50,000.
- WRGLv 74 years ago
Actually even when they sue the insurance company they are suing the driver. Your insurance defends you and pays up to the limits of your policy.
- alanLv 74 years ago
Yes if the your insurance does not cover all the damage or Medical, a law suit is on its way,They will garnish your wages untill the debt is paid, or take property ,
- TedExLv 74 years ago
If the amount they are seeking exceeds the limit of your insurance, . they certainly can sue you personally for what your insurance doesn't cover/.How much? They can go after your car. your house, your jewelry, you name it. The sky is the limit.
- 4 years ago
You sure can get sued.
- NosehairLv 74 years ago
Absolutely and the amount depends on the damages.