Auto Insurance Claims: assets before Under-insured motorist insurance., pizza delivery guy, bodily injury liability

Question
I was involved in what I believed was a non-injurious collision 2 years ago. I was notified recently that I am being sued,and  the plaintiff, who was a delievery driver, claims to have back injury and an MRI that shows moderate disc desiccation and very broad based disc protrusion, with a very mild degree of nerve root irritation not excluded . I am a divorced single mother, I have never earned more than $21,000 on my own, was in night school at the time, yet I have over $400,000 of assets in my condo, and one year of alimony left. My question is this: Will his insurance company go after my assets before his under-insured motorist protection? Will I lose my home because a guy who has barely ever worked in his life says he is in pain and can't work ? He refused an epidural and stopped taking any pain medication (ibuprofen) because it irritated his stomach. He has worked as a painter, a pizza delivery guy and made $11 an hour, but is suing for pain and suffering and unlimited compensation due to inability to perfrom his job.

Answer
Hi Judith,

This is a very serious situation. Although you did not say how much bodily injury liability coverage you have, you need to be sure that your insurance company at the time of the accident is involved in this situation. If the amount of the claim is greater than the amount of coverage you had at that time, you will need to hire an attorney to represent you for the difference. Even if the "injured party" has uninsured/underinsured motorist coverage, they will still sue you. If they win, any judgment that is awarded will be paid by his underinsured motorist coverage upto the limit of coverage he has but, they will seek not only the balance from you directly, but his insurance company will seek reimbursement from you for the amount they paid out. In other words you will be responsible for all amounts above the amount of liability coverage you had at the time of the accident. You will need your insurance company as well as your own attorney to review the medical records and the demand from the other "injured party's" attorney so they can try to negotiate the best settlement possible. Hopefully before this ever gets to court.

I hope this helps
Richard Hixenbaugh