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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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There is a very real possibility that my wife will be sued

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There is a very real possibility that my wife will be sued as the result of a car accident. What can they get under florida law. our assets include 2 cars, house, bank accounts IRA, social security income and VA disability income?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your post.

One question - - did your wife's insurance company settle with the other person?
Customer: replied 3 years ago.

Yes within 30 days of the accident. they paid the full amount of our liability policy. they then sent us a letter with a demand for information from the other party and a excess liability notice hidden in the legalese.

Usually, if your insurance company settles a claim with the other party to the accident, te settlement bars all other claims or the right to sue you (the insured) in a separete action. Thus, you should first see whether or not your insurance company had the other party sign a waiver.

If your insurance company didn't sign a waiver, then you would have certain exemptions available to you. First, your retirement accounts, disability and social security income are exempt - - so you should be safe there.

Also, Florida law allows for several property exemptions out there, which are outlined here:
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