How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90972
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

July 6, 2011, I was involved in an automobile accident. I was

Resolved Question:

July 6, 2011, I was involved in an automobile accident. I was in a parking lot of a Kinkos. While parking I experienced difficulty putting my vehicle into park gear, in trying to put my vehicle into park , it went into drive and my vehicle flipped over the concrete barrier (only about a foot of room between parking spot and window) and excelled into the window. A woman was making copies at the machine in front of the window. The machine fell over and landed on her ankle. Her infant child was on the floor in a carseat beside her but was not injured. All parties went to the hospital to be checked out. This occured around 9 am in the morning, I was driving my personal vehicle that has my company logo on it. I was not under the influence of any drugs or alcohol. It was simply an accident. I am fully insured with 100,000/per person liaiblity and 300,000 total accident liability. 23 months later this is not resolved. The insurance company said the claimant would not provide her medical records and now that it was running up against the 2 year statute, she got an attorney to represent her. They just filed a writ of summons to extend the time. My insurance company said they hope to get this resolved shortly, but I have my doubts, they have now just filed suit against my company as well. I was on company business but this is my own vehicle even though the logo is on the vehicle. (real estate) (I am an employee not independent contractor)

There are two claimants now including the baby as I understand it they can keep this open until the child is 18. I was told the child had no injuries.

My biggest worry is my personal assets. All assets except my 401K from previous employer and my SEP IRA are held jointly with my husband. Hard to believe, but my insurance adjustor said her injuries could exceed my limit but he has ways to protect me, plus she has to sign a release, releasing me if she is to get funds from the insurance company.

I have had an attorney tell me I should put my 401k and IRA in a trust. Others tell me it is not likely that IRA and 401K are at risk. I am very confused. I am very happy that no one was injured seriously but this all seems over the top now. How can I best protect myself and my family. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to hear this has happened, but these cases tend to drag out because the victims of these accidents seem to all think they have hit an oil well and they will become millionaires off of these accidents. As you did have the company logo on the car, even if it is your personal car, and you were on company business, they can seek to hold both you and your company liable for damages jointly and severally I am afraid. This means they can sue you, your company or both of you to collect for their damages.

Since you have an insurance company they have the legal liability to represent you to provide coverage. Your IRA and 401K and personal assets are at risk only if the other party proves damages beyond your policy limits. However, as long as damages are within your policy limits, the insurance company has to provide payment and your personal assets are not at risk.

Furthermore, it is likely too late to transfer personal assets into trust, because the Fraudulent Transfer Act prevents transfer of any assets to avoid payment of a legal judgment and as you know there is a legal action in this matter if you transfer the assets knowing there is an action filed, they would be able to get to those assets if they get a judgment against you beyond the maximum policy limits.

It is highly unlikely that they will get a judgment beyond the limits of your policy however based on the injury you described and it is likely your insurer will end up settling this claim as they are bound to do on this behalf and also they will provide representation in any suit against you for this accident.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90972
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 16 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.