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 Roger Your Own Question
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

There is a very real possibility that my wife will be sued

This answer was rated:

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 4 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:
Roger and other Bankruptcy Law Specialists are ready to help you