Legal Question in Insurance Law in North Carolina

NC Insurance Policy, husband didn't have enough liability coverage on my car. Joint policy I was in an accident in SC. We own no property, as we live in military housing. Bankruptcy is NOT an option b/c of security clearance.(other than 1 vehicle not paid off at this time), he's in the armed forces. I am in school so he is the only source of income. We have no stocks or anything dealing with money other than his paycheck which by the end of each pay we are always in the red. If we are sued can they garnish his wages and take the federal and state income tax? And I heard that NC has an uninsured/underinsured fund( is that an option?). I can't get an appointment with Legal Assistance on base for 2 weeks. I've heard of people saying if I divorce my husband it would save his wages, etc. Please advise, I have 3 children and I have been having anxiety/panic attacks since the accident.

Asked on 5/24/13, 3:13 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
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Most of the time in this situation, the other party will not actually try to collect anything from you, and so as a practical matter, you probably don't need to do anything. If your insurance company settles, they will typically obtain a release to protect you. Underinsured motorist coverage does not really protect you here. You probably want to consult with a lawyer in your area for a further discussion, but for the most part this is a common situation and you probably do not need to do anything drastic (bankruptcy, divorce, panic attacks etc.).

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5/24/13, 6:53 pm

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