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i live in Pa. i am being sued for rear ending someone and will most likely have a judgement put against me. this insurance was in my husbands name. can his car be taken if we are no longer living together but still legally married.my wages cannot be garnished because they are so low. can his wages be garnished if we are no longer together?
Ok, first was there insurance on the car, in your husbands name, if the car is insured it is insured and you merely turn the claims over to them.
if the car did not have insurance on it, and they sue you, they can get a judgement,
Don't know exactly on PA but any wage can be garnished normally up to 1/2 of your pay, don't matter if you are on min wage or not.
One of the tenants that rents from me, has about 1/2 of his pay taken out of his check, sometimes his weekly check after the garnishment is less than 60 bucks.
Next who is the owner of the auto, you, or your husband or both ?
But I am confused since you said insurance was in husbands name, ???? if there was insurance on car it would be insuranced with you driving it.
HI,
Normally, no one will take the car.
It's up to the insurance companies to work out the money end of it.
If you are legally separated, I would suggest you start putting things in your own name, getting your own insurance in your name, etc.
Best of luck.
Being legally married sets the stage for both you and your husband to be both equally responsible for paying any debt either of you incurr.
Unless, somehow, your husband, being separated from you, has protected himself from any liability you may cause to his assets.
The vehicle is insured, along with any driver that may be the cause of any damages as a result of an accident.
However, if, for example, the Liability coverage is the typical $50,000.00, and the damages caused by the accident exceeds the amount of coverage, the only recourse for the party suffering the damages, is to sue for the amount over and above the amount of insurance.
A common misconception of insurance is that no matter the amount of damage, insurance will cover the total amount. This is not the case.
Since you are legally married, any judgement against you can affect your husbands assets. If I were the one to suffer $100,000.00, and the vehicle was only covered for $50,000.00 Liability, I , or my insurance company, may be suing you , but if you do not have enough to cover my $50,000.00 medical bills, I can impose a judgement against any asset you have legal asset to, such as your husbands salary, home, boat, stocks, bonds, etc.
Who is suing you? the other driver directly? Or the other driver's insurance company? Either can sue, and I can bet the defendent is the other insurance company.
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