Legal Question in Personal Injury in Florida

Hi, first at all thanks a lot for your time. My son hit someone with a Camry that is under my name, it was his fault even though he did not get a ticket.

The young lady said she was fine to the policeman that showed up. But, after talking to her mom (who showed up at the scene) suddenly she begun feeling dizzy and was taken away in an ambulance.

A few days latter my insurance company informed me that her lawyer had called and said that she was seeing a chiropractor, she’s not suing yet, but it looks like she will.

Talking a little more to my insurance company, I learned that my wife had made the terrible mistake of getting minimum liability coverage ($10,000). I own an 18 wheeler and a Ford van, that’s it, both are under my company’s name (a corporation, not a LLC). My wife and I are co owners, 50% each. My wife’s name is not in the title of the Camry. We also have a couple of computers and some old furniture in a rented apartment.

My question is: If she sues for a sum larger than the $10,000 covered by the insurance and ends up with a judgment in her favor, can she go after anything co own by my wife?

Thank you.

Asked on 10/22/12, 3:15 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Let your insurance attempt to resolve the case within your policy limits. If they do then you dont need to worry about your assets. If she were to get a judgment against you individually or your wife individually, they could not split property held as tenants by the entirety, or husband and wife. An attorney would need to view the actual ownership information to make sure that the entireties formality has been followed. It is often not. For now, I would not change ownership on anything and make sure you advise your insurance company to settle within their policy limits. That said, consider increasing your liability coverage.

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Answered on 10/22/12, 3:23 pm

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