Legal Question in Personal Injury in California

Anticipating Litigation

My spouse was invloved in a car accident and we expect the pedestrian who was hit to sue in a month. Is there anything we can do before she sues to protect our cash in the bank from the lawsuit other than setting up trusts? For example, should we pay down other debts like student loans and car loans to use up the cash to make ourselves more judgment proof? Will she be able to make a claim to our future income if we do not have cash to pay any judgment?


Asked on 11/08/00, 2:25 pm

3 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Anticipating Litigation

Turn it over to your insurance company. If you don't have insurance, chances are that no lawyer will take the case unless the pedestrian has insurance. I practice both in Indiana and California.

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Answered on 11/08/00, 3:46 pm
John Bisnar Bisnar & Chase, LLP

Re: Anticipating Litigation

The answers to your questions (the ones you asked and the ones you would ask if you knew to ask them) is much to complicated and confidential to address in this forum. If you have auto insurance, turn it over to them. If you have no insurance or not enough insurance, the asset protection actions that you may want to take are not barred by a lawsuit being filed. Most asset protection actions can be taken right up to the time of judgment and after.

My suggestions: (1) Turn the matter over to your auto insurance carrier; (2) Take no action regarding your assets until you have consulted with a bankruptcy or asset protection attorney (one that provides free consultations) so that you know what your options are and the timing of them; (3) Hope (and pray if that is your choice) that the injured pedestrain isn't hurt seriously; and (4) Hope that I am not the attorney for the injured pedestrian.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law

800-956-0123 www.serious-injury-law.com

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Answered on 11/08/00, 4:26 pm
John Hayes The John Hayes Law Offices

Re: Anticipating Litigation

If your vehicle is insured your insurance company will handle your claim and defend you if a lawsuit is filed. You should contact them immediately so they can turn it over to their lawyer if you are served with a lawsuit.

On the other hand if you were not insured, I wouldn't worry about it. Most lawyers will not even take a case if the at fault party is not insured because they know the chances are low of ever recovering a judgement if they even get one. I wouldn't worry about protecting your assets. If she actually gets a lawyer to represent her and you are served with a lawsuit you need to file an answer with the court within 30 days of being served. I strongly recommend that you hire an attorney to at least file an answer for you if you are not insured. That way you know a legal answer is filed and you have time to figure out what is going on. If you are not insured and need help filing an answer please feel free to contact my office for a free, no obligation consultation. My toll free number is 877-546-9918, or you can contact me through my email listed below.

Good luck.

John Hayes, Esq.

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Answered on 11/08/00, 11:26 pm


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