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Oct 25, 2023 2:15 PM CST
Thread OP
Name: Gina
Florida (Zone 9a)
Tropical plant collector 40 years
Aroids Region: Florida Tropicals
My husband and I are having a disagreement LOL.
He says that if someone sues you for personal injury, they can take all your personal money (savings etc) if your insurance coverage is not enough
I thought they had to take what the insurance company would give them. Period.
Who is right?
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Oct 25, 2023 4:46 PM CST
Name: Amanda
KC metro area, Missouri (Zone 6a)
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That's a good question and one I can't find a clear answer on when I google personal injury cases.
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Oct 25, 2023 4:59 PM CST
Name: Bob
Vernon N.J. (Zone 6b)
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I think it is different in each state . Saw this about Florida.
https://goldmandaszkal.com/can...
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Oct 25, 2023 5:27 PM CST
Name: Zoë
Albuquerque NM, Elev 5310 ft (Zone 7b)
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Agree, different statutes in different states. In California, where I practiced in a legal-adjacent field, there were some damage caps in medical malpractice, certain vehicular cases and probably some others, but here's what a legal site says generally:

"If you're unable to negotiate a suitable settlement outside of court, filing a lawsuit may be your best option. If you go to court, the money award you receive isn't limited by the insurance policy limits. California's personal injury damages laws set how much you can receive from the at-fault party or parties."

Naturally, it depends on what the judge or jury awards you.
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Oct 26, 2023 9:10 AM CST
Name: Linda Williams
Medina Co., TX (Zone 8a)
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And on what you can actually collect on. A court can't necessarily guarantee you'll get the money.
I would feel more optimistic about a bright future for man if he spent less time proving that he can outwit Nature and more time tasting her sweetness and respecting her seniority. E. B.White
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Oct 26, 2023 10:26 AM CST
Thread OP
Name: Gina
Florida (Zone 9a)
Tropical plant collector 40 years
Aroids Region: Florida Tropicals
Ah ok.
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Oct 26, 2023 11:19 AM CST
Name: Rj
Just S of the twin cities of M (Zone 4b)
Forum moderator Million Pollinator Garden Challenge Plant Identifier Garden Ideas: Level 1
On restitution typically 80% do not pay, and the ones that do pay the amount is minuscule compared to what is awarded.
As Yogi Berra said, “It's tough to make predictions, especially about the future.”
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Nov 6, 2023 6:20 PM CST
Name: Tiffany purpleinopp
Opp, AL @--`--,----- 🌹 (Zone 8b)
Region: United States of America Houseplants Overwinters Tender Plants Indoors Garden Sages Plant Identifier Garden Ideas: Level 2
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That is why people get insurance, in hopes that it will cover potential liabilities that would otherwise wipe out their assets. If judgment awards were limited to the confines of an insurance policy, nobody would get insurance.

If you have no assets or income, you are "judgment proof." If you have assets, covering them with the appropriate type of insurance is usually worthwhile because a judgment will attach to real property. In AL, if a seller has a judgment, it must be paid from the proceeds of the sale or inheritance of real property. I would think that is the case in all states. Some judgments can be subject to wage garnishment, and some judgments can be subject to forced sale of real property.
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