Will my pension be garnished after my wife crashed into someone else? 4 Answers as of February 21, 2012

My wife rear-ended a jeep at a red light. They did $100 damage to jeep.$2900 to our car. They refused med. assistance. I saw the individual 2 days later carrying a large toolbox at his job site. A week later we are being sued. His attorney says he has a 9% perm. Disability. They are asking for more than the $50,000 limit on my policy. What happens now we filed bankruptcy 2 years ago and are in foreclosure. I'm unemployed. My wife works and we both receive military retirement. We have no assets of any kind. Can they garnish our pension?

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Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Go out and immediately hire your own personal counsel, in addition to the one your insurance company is providing you. They should probably only charge you a few hundred dollars. Your personal counsel will write the kind of letters to your insurance company to cover your rear end that the insurance company's lawyer would hesitate to write. That lawyer will tell you not to worry.
Answer Applies to: Florida
Replied: 7/5/2011
Allen Murphy Law
Allen Murphy Law | W. Riley Allen
More likely than not, they will take the policy limits of your insurance. Make sure your carrier does what is necessary to resolve the claim. Under no circumstances should you agree that they get any part of your pension and more likely than not they could not get access to it.
Answer Applies to: Florida
Replied: 7/5/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Depends on how your pension was set up but I doubt they will bother going after you other than getting the policy limits.
Answer Applies to: Florida
Replied: 7/5/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
The first thing you need to do is inform your auto insurance company immediately. The company should hire a lawyer to represent you and to determine the fair value of the case against you (if it has any value at all), and resolve it within your policy limits if the company has a reasonable opportunity to do so. Your insurance company has a duty to you to protect you against a judgment in excess of your policy. If it refuses to settle and ends up trying the case to a jury verdict and losing for an amount in excess of your policy limits, you actually have the ability to go after them for bad faith for failing to protect you. They know that, so they are highly motivated to try to work the case out with the other side. For people who have insurance, it is very rare to end up having any kind of judgment beyond the insurance policy in minor auto accidents as you've described. Insurance companies handle these sorts of claims ALL THE TIME, and they generally recognize and appreciate the position you are in. So there should not be any immediate reason to be worried about your pension. But make sure to stay involved and cooperate with your insurance company fully. If you feel they are not protecting you as the matter goes forward, you should consider hiring your own lawyer to "lean on" them to resolve the case in a way that prevents any adverse consequences to you. Hopefully the insurance company will take appropriate steps to protect you and the entire thing will go away. I hope things work out for you.
Answer Applies to: Florida
Replied: 2/21/2012
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