Auto Insurance Claims: Can my husbands wages be garnished if our insurance company denies claim?, judges award, 18 wheeler

Question
My husband was in an auto accident where a motorcycle passed him on the shoulder of a two-lane road when he slowed to make a left turn. The motorcycle cut in too soon and hit our front passenger side. According to the police report, the accident occurred just across the white line, meaning they believe he had strayed over into the shoulder. He never even saw them. They had been speeding and had already passed an 18-wheeler before coming up behind my husband. In Maine, passing a moving vehicle on the shoulder is legal, so the injured motorcyclist and his passenger (and their attorney) believe my husband was at fault. Our insurance company denied their claim because my husband was delivering a newspaper my son missed from his route the day before. It didn't matter that it was just a favor, they considered it an exclusion. The motorcyclist has now hired an attorney and is suing us. Our insurance company is going to pay for our defense, but I'm concerned that if we lose, they will garnish my husband's wages because we have no assets for them to take and no savings to speak of. Is this something that can happen?  Because we barely make it as it is. I hate the idea of paying for their idiocy for the rest of my life.

Answer
Hi Nancy,

You have nothing to worry about. Your insurance company has denied the claim because they believe that your husband was not legally responsible for the accident. If you are sued your insurance company will provide you with a defense attorney to defend the suit. If you should happen to lose the case it is because the judge has determined that your husband was legally responsible for the accident. If that occurs it would mean that your insurance company was wrong in denying the claim and the insurance company would have to pay any judgement that the judge awards upto the limit of your policy. Of course if the judges award is greater than the amount of liability coverage that you have, then your husband would become responsible for the balance. In most cases of this type, your insurance company and the injured party's attorney will reach a settlement agreement before this ever goes to trial.

I hope this helps
Richard Hixenbaugh