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Can Someone Sue Me If the Car Accident Case was Settled?

by

people settling out of court, wondering if they can still get sued.

If a car accident victim accepts an insurance settlement, they can’t sue you for more money later on. However, someone can pursue a personal injury lawsuit against an individual instead of an insurer. The most common reasons at-fault drivers face litigation is not having insurance or the insurance claim exceeding policy limits. 

Most claims don’t go over policy limits. However, if they do, at-fault drivers should have an asset protection plan in place. That can include appropriate liability insurance and additional coverages. Otherwise, at-fault drivers risk financially devastating lawsuits. 

Fortunately, Florida laws offer many ways to protect your assets after an at-fault accident. However, it’s up to you to take advantage of them. Continue reading to learn the importance of protecting your assets before and after at-fault collisions. 

Can Someone Sue You After Your Insurance Pays? 

Suppose a personal injury claimant accepts your insurance company’s settlement offer. In that case, they can no longer pursue damages against you or the insurer. 

However, if you’re underinsured, a plaintiff and their auto accident attorney may decide that they can get more money by foregoing a personal injury settlement and taking you to court instead. 

That’s why it’s essential to have adequate insurance coverage in place to decrease the likelihood of personal liability in the event of an at-fault accident. 

How Do I Protect My Assets After a Car Accident? 

A personal injury lawsuit has the potential to decimate your finances. With that in mind, there are legal and procedural steps that at-fault drivers can take to help protect assets. Generally, a seasoned car accident attorney is likely to recommend the following: 

  • Talk with your insurer to learn if the personal injury claim is expected to exceed your policy limits. 
  • Learn what assets Florida law protects if the injured party decides to file a lawsuit against you.
  • Design and act on a plan to legally protect certain assets. 
  • Prove to the court that any collection activities would be challenging by submitting a financial affidavit.

It’s essential to note that attempting to hide, transfer, or otherwise illegally protect assets when facing a lawsuit can lead to fraudulent conveyance claims. 

What Options Do Plaintiffs Have If The Damages Exceed The Insurance Payout?

Car accident plaintiffs can exercise many options to obtain compensation for personal injuries. A judgment creditor can access financial records, garnish bank accounts, or garnish wages. Learn more about each below. 

Access to Financial Records

Judgment creditors can review all of a debtor’s (defendant) financial records, including bank statements, tax returns, wage statements, and more. Further, victorious plaintiffs can require the defendant to make a legally binding deposition that outlines all assets and finances.

Bank Account Garnishment

The most common and useful method for collecting car accident judgments is bank account garnishment. A Writ of Garnishment can be obtained from the Clerk of Court. The plaintiff must then serve the defendant’s bank.

When the bank receives the Writ of Garnishment, they immediately freeze all accounts of the debtor. Once frozen, the bank informs the creditor of the account details, including the amount of money in the account at the time of garnishment. 

Wage Garnishment

In addition to bank account garnishment, creditors can also garnish a debtor’s wages. Wage garnishment involves directing the defendant’s employer to garnish up to one-fourth of their wages. Wage garnishment can continue until all debts are paid. 

Defenses to Bank Account and Wage Garnishment in Florida

There are ways to protect your finances after an at-fault accident in Florida. A few of the most common methods to defend your bank account and wages against garnishment include but are not limited to: 

  1. Head-of-Household Protections: At-fault drivers considered the “head of household” in Florida are typically exempted from a bank account and wage garnishment (up to six months’ wages). 
  2. Joint Accounts: Certain types of joint accounts are exempt from garnishment. That’s especially true of accounts shared with a non-debtor spouse who holds equal equity and survivorship rights to the account. 
  3. Exempt Income: Income from sources like social security, disability benefits, and annuities are exempt from collections and garnishment. 

It’s recommended that at-fault drivers review their finances, fix any vulnerabilities, and submit a financial affidavit to increase the chances of avoiding litigation. 

In many cases, if a plaintiff and their auto accident lawyer don’t believe they can collect more from you than the insurer, they will likely settle with the insurance company. 

Contact A Florida Auto Accident Attorney 

Sometimes, “at-fault drivers” are not entirely to blame for the accident. In that case, an experienced auto accident attorney can help you prove the other party’s negligence and potentially avoid a personal injury lawsuit. 

Contact Shrier Law Group today to discuss the details of your case with a skilled Florida auto accident attorney. 

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 21 review(s).

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The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

- Isabel Sabrina De Ramirez

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

- Marika Ford

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

- West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

- Gerard Avalos

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

- Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

- David Kuczenski

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

- Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

- Juan Rodriquez

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

- Martin Tyler

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I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

- Mark Anderson

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Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

- Braulio Duran

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Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

- Maria Jaz

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This is one of the best law office in Miami come in and check them out great people

- Rowdy Martinez

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Best attorney in South Florida

- Fefe Alex

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Was a wonderful experience getting through a tough process!

- Edward Pawley

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

- Reynier Perez

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Awesome wonderful patient Intelligent thoughtful Paul is the best

- Theresa Caprice Caprioli

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

- Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

- Michaela Davis

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Schrier Law Group is the best.

- Chatrice Telfort

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Great job! I loved working with Paul.

- Paige