Can I Lose My House Due to an At-Fault Car Accident?
If you’ve been in a car accident, you’re probably shocked, hurting, and facing serious medical bills and car repair costs. If you’re the at-fault driver in a car accident, you could be on the hook for the other driver’s injuries and damages as well. In some cases, a settlement could garnish your wages, and even your assets and home, to pay the victim’s damages.
Of course, it’s almost impossible to predict a legal outcome until all the facts are established in the case. Until then, the answer to whether you’ll lose your house in a car accident claim is it depends. Even your liability is up in the air until it’s determined by insurance or the court.
Other factors influencing your case’s outcome include:
- Whether the at-fault driver carries insurance
- The coverage levels of that insurance policy
- The severity and longevity of the victims’ injuries
- The total cost of the victims’ recovery
- Associated costs with their recovery, including loss of earning potential and others
- Other liable parties to the crash
- Other contributing factors to the crash
What is an At-Fault Car Accident?
An at-fault car accident is any traffic collision that you caused through negligence. In Ohio and most states, liability is established based on witness statements, physical evidence collected at the scene, and records like traffic camera and dash camera footage. Traffic collision negligence can include distracted driving, speeding, running red lights, or failing to yield right of way.
If you’re found responsible for a car accident, the other party has the right to recover damages from you and your insurance. You could be sued for damages as a result, making it critical to understand your legal options and defenses.
Consequences of Being Found At-Fault in a Car Accident
If you’re found at-fault in a car accident, every asset you own—including your car, your house, and more—could be at risk. Even if you have insurance (which you should), if your policy is not enough to cover their damages the injured party can collect damages from you personally.
This is why carrying adequate car insurance is a necessity. In almost every state, including Ohio, it’s required by law. But even the minimum required by law frequently isn’t enough to pay for the full cost of a victim’s damages, meaning you’ll be left on the hook for the remainder. To protect your property from seizure, having a comprehensive insurance policy is the best bet.
At the end of the day, you can never have enough insurance. You should also drive defensively every time you’re behind the wheel, and never drive under the influence of drugs or alcohol, drive distractedly, or drive recklessly. Those are sure-fire ways to be found liable in the event of a wreck.
If you are found at-fault and don’t have enough insurance, filing for bankruptcy may be the only way to protect your assets from seizure in a personal injury settlement. However, bankruptcy is a drastic move with a lot of far-reaching implications, so it should only be used as a last resort. Consulting with an experienced at-fault car accident lawyer can help you explore all available options before considering bankruptcy asset seizure protection.
How an At-Fault Driver Lawyer Can Help Minimize Damages Owed
When you’re facing a car accident claim as the at-fault party, hiring a lawyer who understands traffic accident cases can make a significant difference in the outcome. An experienced car accident attorney can review the facts of your case, identify potential defenses, and work to minimize damages owed.
Your attorney may challenge the extent of the other party’s injuries, question the valuation of their damages, or identify comparative negligence factors that reduce your liability. Even if fault seems clear, skilled legal representation can protect your financial interests and help save your home and assets from seizure.
Defenses in an At-Fault Car Accident
If you are in an Ohio traffic accident, keep the following in mind to protect your rights and property in the coming months:
- Do not admit fault
- Do not apologize
- Do not confess to distraction
- Do not allude to any actions you could’ve done differently
In fact, you should avoid talking to the other driver as much as possible. Exchange information like names, drivers license numbers, and insurance information, then wait for first responders to arrive. While this may seem callous, anything you say can be used against you in a personal injury case.
In addition, no matter how obvious the circumstances of the incident may seem, do not represent yourself in a traffic accident case. If you’re insured, you’ll probably be represented by your insurance’s legal team. If not, you should hire a lawyer to advocate on your behalf.
If you’re at fault, your lawyer will do all they can to minimize the damages you owe. Even if you have representation through your insurance, a second legal opinion is usually free—call Rinehardt Injury Attorneys for a free consultation today. We’ll do all we can to help you save your home and other assets.
