Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: I was hit head on by a drunk driver. He died and I have found out that his insurance coverage is very low. Can I go after the defendant's assets to pay for my damages?
A: We're sorry to hear about your auto accident. It sounds like you were severely injured due to the drunk driver's gross negligence. It's understandable that you wold like to fully recover your damages.
It is possible to attach, recover, and collect monetary damages from the other driver's estate. The problem is that it is extremely rare and difficult to collect monetary damages above the auto insurance policy limits. For the most part, you first need collectable assets for you to attach. Most people do not have much in the way of collectable assets. Collectable assets are typically real estate other than the primary residence, bank accounts, and pay checks. Real estate is the most likely source to collect from but it has to have equity--a rare commodity when the real estate market is down.
Bank accounts and pay checks can also be collected. However, the Court must be involved and will only allow the creditor to seize part of the assets to pay for the damages. The Court does not want to leave the debtor or their family without a way to pay for necessary expenses.
The fact of the matter is that it is very unusual to be able to collect damages above and beyond the insurance policy. However, if you hire a personal injury attorney to help you, your attorney should provide some information about the defendant and his assets so that you can make an informed decision about whether to settle only for the insurance policy limits.
The San Diego car accident lawyers at the Jurewitz Law Group provide important strategies and news affecting San Diego auto accident injury victims. Follow our Facebook updates for more information. For free information and for help with your car accident claim, contact our San Diego personal injury law office at 888-233-5020 for a free consultation.
