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Attorney & Mediator
Attorney & Mediator, Attorney
Category: Personal Injury Law
Satisfied Customers: 20012
Experience:  Experience in the subject matter.
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Can they go after my wife assets, if I get sued?

Resolved Question:

I was involved in a car accident in Pennsylvania. I hit the pedestrian who is a tourist. She was in hospital for surgery for broken leg and knees. My insurance covers up to 100,000.00 for her damage. My insurance will pay for her medical bills. She may sue me personnally if her damage is over my insurance limit.

Can they go after my wife assets, if they sue me? Is she responsible for my car accident?


Thank you so much for your help in advance.
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  Attorney & Mediator replied 5 years ago.
1) Whether they can sue you depends on what options they have chosen with their own insurance. The basic standard in NJ has a limited right to sue, which means that unless otherwise selected they have agreed not to sue for their personal injury. If they have selected unlimited right to sue then they have the right to sue for the balance. You would need to have your insurance check with theirs to see what option she has chosen. If she was a tourist, her insurance controls whether she can sue or not so your insurance should review this for you as policies vary.

2) New Jersey is not a community property state, which means your spouse's separate property assets are not responsible for your liabilities. However only marital property can be tapped as both of you own marital property together, but not her separate assets.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


Customer: replied 5 years ago.
Thank you for your response. However I have to verify a last question regarding to your answer.
A tourist who may sue me does not have insurance. So can they sue me over the limit?
Expert:  Attorney & Mediator replied 5 years ago.
I see thank you for the clarification.

The goal of your insurance company is to settle everything within your limits and to obtain a waiver to avoid lawsuit. If the tourist refuses to settle with your insurance, then you can be sued for the entire amount. If this happens your insurance will provide you with legal counsel to represent your interests and to attempt further settlements. Most cases settle, but assuming she gets a judgment which goes beyond your limits, the insurance will pay upto your limit and you can be made responsible for the balance. Your insurance carrier can provide further specifics as to what they will offer and due if tourist does not agree to settle and you are sued.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
2) New Jersey is not a community property state, which means your spouse's separate property assets are not responsible for your liabilities. However only marital property can be tapped as both of you own marital property together, but not her separate assets.

Thank you for your quick response. However I suspect the accident occured in Pensylvania and I live in New Jersey. They may apply Pennsylvania law? Would you please advice if this is true? If yes, what is community property state in Pennsylvania?
Thank you in advance
Expert:  Attorney & Mediator replied 5 years ago.
No, the appropriate law is NJ because that is where you and your spouse reside. But for your information PA is also not a community property state, so the same rules of NJ apply to PA that is that they cannot make your wife's separate property liable for your injuries, but can only reach marital property.


Hope that clears up things.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Attorney
Satisfied Customers: 20012
Experience: Experience in the subject matter.
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