Legal Question in Credit and Debt Law in California

car accident

i was in an auto accident and i didn't have insurance. the person i hit has now called a claims company to try to get money from me. however, i have ssi and cannot pay. my question is, since my car is in my name, can they repossess or take my car/ssi money from me??


Asked on 3/11/09, 6:02 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: car accident

Unfortunately, they may be able to do both. The person asserting the claim will have to file a lawsuit, or more likely if he has uninsured motorist coverage, his insurance company will soon be suing you. When and if they can obtain a judgment, they can levy against your car, bank accounts and other assets you may have to satisfy the judgment. You will want to contact an attorney to defend the lawsuit and/or assert exemption claims to prevent the levy against your assets and income.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/11/09, 6:41 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: car accident

They can sue you and obtain a judgment, and then move to collect it by trying to take your car, bank account and income. There are exemptions available to protect some equity in your car, along with exemption of government benefits like SSI. If the amount claimed is small, it may be easiest to work out a settlement and payment plan before they sue and you're forced to answer.

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Answered on 3/12/09, 1:24 pm


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