Legal Question in Personal Injury in New York

my wife is sued for an auto accident, can they take my house too?

My wife is being sued for an car accident about 3 years ago. The injured party is asking a lot of money, way beyond her liability insurance limit. It seems it's going to court. In case that the judgement is made against her and the party was awarded an amount beyond her insurance limit, she would have to pay the excess,right? But since she does not have enough money to pay the party, and the only thing we have is our house, which is soley in my name, in that case, can they take my house too?

The vehicle was in my wife's name, and I have not been named as a defendant. The insurance for that vehicle was probably also title to her, but we might have had made it so that she was the major driver (80%) and I as a minor driver (20%).


Asked on 1/17/04, 1:20 pm

2 Answers from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: my wife is sued for an auto accident, can they take my house too?

Based on the information you have provided, since the lawsuit names only your wife and the house is titled only in your name, your house does not appear to be at risk. Remember, lawsuits typically demand very large and unrealistic money damages in the Complaint, $10 million, $100,000 million. These numbers are meaningless. Most often, the plaintiff's attorney is really going after the full amount of the insurance policy.

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Answered on 1/19/04, 10:23 am
David Slater David P. Slater, Esq.

Re: my wife is sued for an auto accident, can they take my house too?

If the judgment is solely against her, only her assets are at risk.

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Answered on 1/17/04, 2:34 pm


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