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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was involved in a fire accident. My renters insurance liability

Customer Question

I was involved in a fire accident. My renters insurance liability will cover upto 100K. But there are 24 units in my appartment and all the units are damaged. I got a letter from my insurance company saying my liability will exceed 100K and if i wish i can have a personal counsel at my own expense to protect any personal exposure. I want to know what is personal exposure and how can i get protected with personal counsel.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXX, XXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if they have determined the cause of the fire, and if so, what was it?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


The reason of fire is a cigarette disposed at porch.

Expert:  Ely replied 1 year ago.
Thank you, M.

Allegedly, by you, correct?
Customer: replied 1 year ago.

Yes.

Expert:  Ely replied 1 year ago.
Thank you, M.

I want to know what is personal exposure...

Allow me to explain. Once someone has insurance and causes injury/damage, as you allegedly did, the insurance company is liable for the judgment that the injured party/parties may against you if they sue. So if the total liability is under $100k, it is covered by their policy. Anything over $100k is your personal exposure.

Often, the insurance company likes to settle the claim to avoid litigation. Once an agreement is reached, rhe claimant signs a release and waives their rights to you sue in exchange for the payout. Ergo, any claim against you or a suit should be passed on to the insurance company for settlement.

and how can i get protected with personal counsel.

An attorney normally helps to avoid litigation by settling the claim and otherwise using legal maneuvers to avoid you being liable. Often, the insurance company provides an attorney because whatever you are liable under $100k, they have to pay, so it is naturally in their interest to limit that liability and if you do not have counsel they will provide it. But still, it is worth discussing this with an attorney face to face.

May I recommend the Nebraska Bar referral project - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. This is a good place to start.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


Please suggest me what kind of Lawyer I should meet. Can you suggest anyone in Omaha.

Expert:  Ely replied 1 year ago.
Hello,

Please suggest me what kind of Lawyer I should meet. Can you suggest anyone in Omaha.

Please find an Omaha attorney here. Due to ethical considerations, I cannot refer to specific attorneys, I am afraid, from this site.

You can ask for a 'general practice' or 'litigation' attorney - this fit your circumstance.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


I am a immigrant with H1B. I dont have any assets or savings. I run pay check to pay check. I get $2410 biweekly. I have a Car that i got on loan, i brought it for $23500 and the unpaid loan is $14500.


 


My doubt is.


1. will the other insurance companies can sue me for liability.


2. If they sue me what happens to my salary and car.


3. If the court issues judgement against me, upto what amount they can take from my salary.


 

Expert:  Ely replied 1 year ago.
Friend - I am in receipt of your follow up but am currently away from the site. I will reply as soon as I can later on tonight. No need to reply this communique.
Expert:  Ely replied 1 year ago.
My apologies for the wait, friend.

1. will the other insurance companies can sue me for liability.

I am sorry, but I cannot answer this - this would be up to the parties damages by the loss, or their insurance companies who reimburse them, and then, would seek reimbursement from you in return. The insurance company has a right to mitigate their own loss and/or their insured's damages by collecting from the responsible party (i.e. you).

2. If they sue me what happens to my salary and car.

They can take up to 25% of your paycheck's net per pat period towards the judgment. They may also levy a bank account.

They may also attach and sell non-exempt property for sale to satisfy judgment.

"However, many things are EXEMPT from judgment. Nebraska law exempts:
1. your immediate personal possessions, like a wedding ring or family photos;
2. your clothing;
3. up to $1,500 in household furnishings, goods, computers, appliances, books;
4. up to $2,400 of tools and equipment you use for your own support, including a car you use to get to and from work;
5. up to $2,500 in other personal property.Personal property is all property except land and buildings." *

3. If the court issues judgement against me, upto what amount they can take from my salary.

"Up to 25% of each check's pay. If you are an employee (not an independent contractor) and make less than $217.50 per week after taxes, nothing will go to your creditor. If you are the head of a family the garnishment is based on 15% of your wages. (You are the head of a family if you support at least one other family member.) If you are not the head of a family the garnishment is based on 25% of your wages. You always get to keep the first $217.50 per week after taxes." *

*Legal Aid of Nebraska.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

up to $2,400 of tools and equipment you use for your own support, including a car you use to get to and from work;


 


what does this means.


 


My Car worth is $23500 and i have a outstanding loan of 14500. what happens in this case. Will they take my car?

Expert:  Ely replied 1 year ago.
M,

That means that they cannot take away your car - no, they cannot do so. Your car is exempt from any judgment.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
Customer: replied 1 year ago.


I am head of house hold. My wife is scheduled to come to USA next month.


I have my parents back in INDIA.


 


So I have to support total 3 people. My Wife at USA and Parents in India.


 


1. What is the maximum amount they can take from my salary.


2. I dont have savings more than $200 at any point of time for the past one year. I dont have any balance more than $4000 in my checking account in the past one year. since I have to support three people. If i get a judgement against my salary i will go into debts.


 


What are the chances I have to file a bank ruptcy, to avoid salary garnishment.


 

Expert:  Ely replied 1 year ago.
Hello,

1. What is the maximum amount they can take from my salary.


If you show that you are the head of a household, then 15%.

What are the chances I have to file a bank ruptcy, to avoid salary garnishment.

Remember that your insurance will cover anything up to $100,000. Anything over, this is what you are liable for.

It is not what are the chances - it is a CHOICE for you. If you file for bankruptcy, then the debt/liability is generally voided. See here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
Customer: replied 1 year ago.


If My choice is to file a bankruptcy. Can I file chapter-7 bankruptcy.


 


My salary after all taxes is $2410 by weekly and I get a bouns yearly around $5000 normally in the month of august.

Expert:  Ely replied 1 year ago.
Hello friend,

To see if you are eligible for Chapter 7 bankruptcy, please see here. However, one should not file for bankruptcy until/unless a suit actually has been filed, so you may be jumping the gun a little here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.

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