Which assets are exempt if you are sewed and you have inadequate liability insurance?

Business 1 views 2 answers
I can only afford auto insurance through California's Low Cost Automobile Insurance Program (CLCA). The coverage is completely inadequate if I incurr a liability. I do own a home ($95,000), and I also have a $40,000 IRA. I don't have anything else except a car ($4,000). Are any of these assets exempt if I am sewed for damages? The only other personal property consists of a few chain saws, weed trimmers, pressure washers, and home furniture. The furniture has very little value.

Attorney Answers

2
Kenneth Lewis SwensonLitigation LawyerYuba City, CA ·
If you were sued for negligence, your insurance coverage and personal resources would not be relevant on the issues of liability and economic and general damages at trial, and could not be presented to the jury to limit the amount of damages to be awarded in a verdict and resulting judgment. A judgment in excess of your insurance limits could be enforced against your non-exempt personal assets, leaving you in the situation where you would have to claim exemptions to keep from having your wages garnished or assets levied to satisfy the excess judgment. You should consult with an attorney to discuss the particulars of your matter or for any specific legal advice. If you cannot afford an attorney, you may wish to contact the county bar association for a referral to an attorney who may be willing to assist you on a pro bono (no fee) basis. (See http://www.sacbar.org/public/findlawyer.asp.)
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Peter Robert StonePersonal Injury LawyerCitrus Heights, CA ·
If someone were able to obtain a judgment against you, which your insurance company should defend, then you would be protected up to the exemption amount on your home equity based upon your age, your IRA would be exempt from levy, your car might be vuulnerable. Read about your california judgment exemptions, and review the form claim of exemption. Also you could possibly file a bankruptcy to protect yourself.
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