Being sued by an insurance company, can my wages be garnished?
I will start with the bankruptcy. You would most likely have to file a chapter 13, which does not get rid of all debts, but just puts all of them lumped together into a payment plan of 5 years. So, if you think garnishment is a bad idea, with a bankruptcy, would most likely pay more, since the judge decides how much of your income will be used to pay back all creditors. Little things, like cable tv, internet, cell phones etc, maybe deemed not needed and not considered in your income, so you would have to do w/out. Below is an article that explains this. http://money.cnn.com/2005/10/17/pf/debt/... You need to talk to the attorney handling the case for YOUR insurance company. Since the accident happened last year, it appears they are getting ready to settle this, and to do this, they MUST verify if you have any assets? If you do not own a house, a car etc, and all you have is your job, then YES, they could garnish your wages, but they "may not". But, since the amount exceeds your coverage, you SHOULD make an appointment with a lawyer for your legal rights. One appointment with a lawyer can tell you if they can garnish or not, or what steps you need to take. Also, could discuss filing bankruptcy. But,,,,many times, YOUR insurance company maybe able to get them to settle for your limits, and have them sign a release, so off the hook. You have spent more time figuring out ways to avoid this, but the end result maybe the same. good luck
Is it legal if I keep the insurance money from another company and file my own claim?
Someone had backed into my parked car and left their contact information. When I had contacted them I was given the claim number and phone number to call to get my car fixed. The insurance company gave me a check in my name. Is it legal if I were to keep the money and contact my insurance company and file my own claim and get my car fixed?
False insurance claim against me?
I got a call from my insurance company a few weeks ago telling me that someone said I rear-ended them, and they were claiming bodily injury and damage to their vehicle. I told my insurance company that I was not in a car accident, and I have no idea what they're talking about. She said the person making the claim had my information. I told her I don't know how that happened, but the fact is, I was not in an accident. I asked if there was a police report, she said there isn't, and that the person making the claim states there weren't any witnesses (duh). Anyway, she proceeds to tell me that I HAVE to PROVE this by driving to their facility so they can take pictures of my car. I don't think that's right. They could find some little ding or something, and I'd be screwed. I'm not the accuser...why should the burden of proof be on me??? I asked if they can come to me to take the pictures (I work M-F, they are only open M-F, I'm a single mom, and have NO time or money to be driving over there, and I certainly can't miss work), and she said they can't; I have to go to their facility. I think this is BS, and I don't want to do it. Some dude with road rage threw something at the front of my car several months ago (I filed a police report) so what if they find some kind of damage from that incident that I didn't? Then the burden of proof that it's not from that incident would be on me? This doesn't seem right. Can someone please give me some legal advice? By the way, I live in Arizona.
Deposition, or insurance company trick?
You are being asked to give a "Statement under oath" (SUO) and they aren't fun. It is required under the terms of your policy. As a claim adjuster, I've watched a lot of them over the years. Your policy requires you to give the SUO if you don't they won't pay your claim. The insurance company must have reason to suspect that your theft and fire are not legit. Since the economy tanked lots of people are trying to get out of expensive car loans by faking thefts. In 2009 our small claims office had five faked auto theft claims. On each of them the people were behind in their car payments or house payments. The statement under oath can be a pretty intense deal. The insurance company lawyer will grill both you and your wife. I would suggest bringing two things ......... a lawyer and a box of tissues. In most cases if your claim is legit you will get paid after the SUO. If it's not legit the insurance attorney will bring out info from you or your wife that will prove the companies suspicions. Of the SUO's that I have witnessed most people who faked their claim decide to drop the claim instead of facing fraud charges. The people with legit claims tough it out and get their money. The best advice I can give you is if your claim is legit and you had nothing to do with it then talk to a lawyer. If the claim is not legit you need to consider dropping it before things get worse and possibly involve fraud charges. However from what I have seen, fraud charges aren't really a big deal. I have never seen anybody who got charged with insurance fraud get any jail time.