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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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How are you? good, thank you. I got into a car accident

Customer Question

hi, how are you?
JA: I'm good. And you?
Customer: good, thank you. I got into a car accident about a month ago, my insurance was only able to cover half of it and the remaining balance was of 25,000 dollars which I do not have any way of paying. I got a letter from the other person involved in the accident insurance asking me for the payment or telling me they would litigate. I honestly only have school debt, dont have any money or a good paying job, making 300 a week. I do not know what to do, how could I go about it?
JA: Glad to hear it. Because employment law varies from place to place, can you tell me what state this is in?
Customer: new york state
JA: Has anything been filed or reported?
Customer: a lawsuit hasnt been filed but I know that they already have the estimates and it goes over my policy
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, what could happen if i get sued and cant afford a lawyer?
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

First off, if you get sued then your insurance company should provide a lawyer for you.

However, if you get sued and lose then the insurance will pay as much as they have on their limits and if the judgment exceeds that then you would be responsible for anything over that. The creditor could then try to collect on the excess amount by seizing assets or garnishing wages or you could file a bankruptcy and wipe out the judgment/debt.

It sounds like you are probably what is known as being "judgment proof" which means you don't make or own enough for them to collect anything.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
How do I know if I'm judgment proof? and If I am what do I do about the letter I got from the other person insurance asking for the payment? do I ignore it or call them or what exactly could I do ?
Customer: replied 2 months ago.
also, I spoke to my agent and she told me that they wouldnt offer me a lawyer because it goes over the policy limits. I dont know what to expect, I couldnt afford a lawyer to defend me
Expert:  Dwayne B. replied 2 months ago.

You have to have all of your property and income examined by someone like a lawyer that does debt collection work or bankruptcy. It takes a much more in depth look than we can do here.

Going over the policy limits doesn't mean that the insurance company doesn't have to get a lawyer for you, the agent isn't telling you the complete truth. If you read the language in your policy it will even tell you that they have a duty to provide a defense if you are sued.

Expert:  Dwayne B. replied 2 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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