Auto Insurance Claims: Being Sued by Injured Party, real assets, jane doe

Question
I was involved in an accident in June 2004. I was traveling with the flow of
traffic and traffic came to a slow down, I was hit from behind and pushed into
the vehicle in front of me. The vehicle who hit me left the scene. I was
ticketed for following too closely. No excessive speed or anything else was
mentioned at the time. I was also single at the time. I thought all was good,
and suddenly out of nowhere I am served after almost 3 years. I am being
sued and between then and now I have gotten married. They mention myself
and a Jane Doe as a marital union in the suit. I was insured at the time
through an insurance company I am no longer with. I sent the court papers to
the adjuster and am very nervous 1) that they can come after my wife if the
insurance limits are not enough. She is the only one with assets and we were
not married at the time of the accident. We were married a year later, and 2) I
may have to pay over and above if they are not happy with the settlement the
insurance company is offering......my insurance company said they felt that
they had made a fair offer. I have no real assets accept a car I owe money on,
and I am self employed as a stand up comic, so am basically uncollectable, as
I have no checking account and my wife who is a business owner is the
primary provider. Can they get anything from her....it was my car, my
insurance.
Thanks in advance.
Morgan

Answer
Dear Morgan,

I am sorry to see that your question was delayed by Allexperts.com.  I did not receive it until this morning.  Please see the subjoined e-mail to one of the site managers for further information.  I trust that in your feedback you will not penalize me for this delay..  Feel free to write to them if this delay caused you any inconvenience.

Now, on to your question.

No worries.  You will be assigned an attorney who will vigorously defend you in this matter.

First, it is just standard practice to include a Jane Doe in the case.  She is not at all at risk (unless of course she put you in the car dead drunk or such like that).

They may not attack her assets, even if they get a judgment against you.

As for your lack of assets, that is JUST FINE with the plaintiff's attorney.  It makes it easier for his client to make a claim on his own Underinsured Motorist (UIM) coverage.  We like it that way since it makes it easier to pursue the UIM claim.

Of course, the UIM carrier might subrogate its claim and pursue you individually, but just plead "no assets" and show them that you have no assets and no marital assets and they will go away.

If they do not go away, then you will have to discharge their judgment via bankruptcy.  Given your situation, all of your existing assets will be exempt, and the judgment will be discharged and held of no legal effect.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com

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To: Katie
E-mail: experts@about-inc.com

Hi Katie,

I am writing in response to your email this morning, June 4th.  I logged on and was surprised to see a lot of questions that had never been sent to my email.  I did receive the questions from today, June 4th, but NONE OF THE OTHER QUESTIONS came to me in my email.

I did get other email over the first, second, and third of June, so I know that my email was working.  My host, AdHost.Com states that there was nothing wrong with my email, and that they never received the questions you show as sent to me on June first, second, or third.  

Please advise.  I am going to explain this to those who submitted the questions and let them write to you if they are aggrieved.  

Best wishes,

David Jackson, aka
Dr. Settlement, J.D. (Juris Doctor)
DoctorSettlement@SettlementCentral.Com
www.SettlementCentral.Com