Can I lose my house due to an at-fault car accident? Losing your house due to an at-fault car accident is rare, especially in a no-fault state, but it is possible if your insurance coverage isn’t enough to cover an at-fault claim and a judgment forces the sale of your home.
However, Utah has a home exemption to provide some protection. Consult a Salt Lake City car accident lawyer at Siegfried & Jensen.
Your House Could be at Risk if Your Insurance Coverage is Insufficient and the Victim Has Extensive Losses
Utah is a no-fault insurance state, which means that compensation for car accidents is primarily paid through each driver’s personal injury protection (PIP) insurance. However, when the cost of a victim’s injuries exceeds $3,000, they have the right to file a claim against the at-fault party to recover their remaining losses. If your insurance isn’t enough to cover their losses, you could face challenges.
If you don’t have enough insurance coverage, victims may turn to underinsured motorist coverage or healthcare policies they may have. However, if they don’t have these policies or they don’t fully cover their losses, then you could still be on the hook for compensating them if they file a personal injury lawsuit after compensation for your insurance policy has been exhausted.
Severe injuries can result in larger settlement amounts and court judgments. If a judge awards a victim a settlement that is beyond your insurance limits, you could be held personally responsible for the victim’s remaining damages. The court may apply a lien to ensure that damages are recovered to pay for the outstanding amount. Consult Siegfried & Jensen about how to proceed in these situations.
For a free legal consultation, call (801) 266-0999
You May Be Able to Leverage the Utah Homestead Act to Protect Your Home
Utah provides protection for homeowners that can be beneficial when you’re at fault for a car accident. If you are liable for damages beyond insurance, the Utah Homestead Exemption can help you avoid losing your house due to a car accident. This exemption is outlined in Utah Code 78B-5-503 and allows homeowners to protect a specific amount of the home’s equity value from being used to settle debts.
The value of the exemption may be adjusted to reflect inflation, so it’s important to consult Siegfried & Jensen about leveraging the Utah home exemption if you are concerned that your house is at risk due to your liability. Additionally, while the exemption is designed to protect equity, the non-exempt portion can still be sought to satisfy damages that you may owe. This may occur if you have excess equity.
Depending on your situation, you may still need to sell your home to satisfy a lien to repay the damages you owe. However, if your equity is below the threshold, then your home may be fully protected. These situations can quickly become complex, so it’s important to work with a lawyer who can skillfully guide you through the process and provide experienced counsel and clarity that you can trust.
When the Court May Force the Sale Of Your Home or Assets
While the Utah Homestead Exemption can provide protection if your equity remains below the threshold, it may not be enough to protect you if your equity exceeds it. When this happens, the court can place a lien on your property for the amount of the judgment awarded to the victim. They can also force the sale of your home as a means to pay the victim for their damages in some circumstances.
This is most likely to be the case in severe accidents where the amount of damages owed is high, and your insurance coverage is exhausted. The unexempt portion of the sale is used to compensate accident victims and pay your debts. Even if the sale of your house isn’t allowed or necessary, other assets could be at risk of being seized or sold, or your wages could be garnished.
Talk to Siegfried & Jensen about what to do in these situations to retain as much as possible. We provide tailored, actionable counsel as we represent you in all legal proceedings. Our attorneys understand the distress and damage losing your house and assets can cause, and we relentlessly fight for you.
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How to Protect Yourself, Your Home, and Your Assets When You’re At Fault for a Car Accident in Utah
To protect yourself and your home, you should consult an attorney from Siegfried & Jensen. We can assess your situation and determine your options. We can help you take the necessary steps to guard your assets as we build a case and negotiate other solutions that minimize the risk of losing your home while meeting your legal obligations.
Our team can also walk you through how to get a police report for a car accident, as well as what to do and not do after an accident. This advice is designed to minimize your risk and ensure your case isn’t jeopardized by saying or doing the wrong thing. We understand how stressful it can be when you’re at fault for an accident, and we work diligently to protect your rights, your assets, and your future.
If you are reading this and haven’t been involved in an accident, it can be highly beneficial to be proactive by increasing your insurance limits or considering an umbrella policy. This helps ensure that you have better coverage to pay for losses and protect your assets if you cause an accident in the future. Increasing your limits can provide greater peace of mind if something happens.
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Seek Counsel From Siegfried & Jensen After an At-Fault Car Accident in Utah
Siegfried & Jensen can walk you through your options if you’re concerned that you could lose your house due to a personal injury claim. It can be stressful when you’re responsible for an at-fault car accident, but our team can provide counsel so that you’re protected as much as possible. To learn more about us and how we can help you protect your home, schedule a free consultation with our firm today.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
