Can they go after mine and my husband's joint assests? I was the one who had the accident, not him.?

I just fax over the summons to my insurance company today. My agent was very helpful, and said she would send it to the litigation department and their attorney will contact me. Im just afraid they will try to go after our joint assets. Isn't 100,000 enough? What else should I do? Should I get my own attorney or just wait for the one from the insurance company. I live in NY. They said this could take up to 2 years to complete. If she has preexisting injuries, how can they prove what is from this accident versus her past injury. Am I making any sense? Sorry for rambling, Im just a nervous wreck.

Scott H

Your assets are your husband's assets and vise versa. $100,000 may not be enough, depending on the severity of injuries. That could easily be spent in just a couple of days in the hospital. Your insurance company should defend you, that's what you pay them to do.

Fred C

If you have inadequate insurance to cover major injuries, then, yes, they can go after joint assets. People think $100,000 is a lot of insurance. It isn't, it is crap, actually. Think about it. If you get hit by a car, and put in a wheel-chair, so you can no longer work at your high-paying physical job, and are facing bills of a few hundred thousands dollars for the neurosurgery you had to have, how long would you survive on a $100,000 payment?
I have no idea what the actual damages may be awarded in this case, it could be that $100,000 is enough, depending on the injury suffered, but I carry $1,000,000 myself, both liability and uninsured motorist, and my exposure is actually low as I am retired. That $1,000,000 also covers me while driving any other car that may have a lower coverage policy.
Your insurance company is bound to defend you in the event you are sued for damages in an at-fault accident. They have a legal department experienced in handling these cases.
We carry $5,000,000 on my wife's car, as she drives a delivery route for a living, and her exposure is much, much higher than mine.

Gambit

Let the insurance company deal with this at this point. Hiring you own lawyer is pointless since the insurance company's lawyer will be defending you as well. Your insurer's lawyer can request a copy of her medical records to see if there are any pre-existing injuries. As for the question of joint assets, yes the other party can go after them. They would become the joint owner instead of you. Don't bother trying to take your name off them either trying to protect the assets. Even a crappy lawyer will see what you've done and request to the courts that the transfer of the assets solely in your husband's name be reversed (which will be granted). As for $100,000 being enough we have no idea since we do not know the extent of the other party's injuries or losses, however these days $100,000 is pretty small considering the judgments being handed out these days.

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