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About Richard Hixenbaugh
Expertise
Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience
I have been involved in the insurance industry for over 20 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 10 times.

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present clients
My company has done work for consumers nationwide.

You are here: Experts > Autos > Auto Insurance > Auto Insurance Claims > Can my husband's wages be garnished if our insurance company denies claim?

Auto Insurance Claims - Can my husband's wages be garnished if our insurance company denies claim?

Expert: Richard Hixenbaugh - 11/7/2009

Question
My husband was in an auto accident where a motorcycle passed him on the shoulder of a two-lane road when he slowed to make a left turn. The motorcycle cut in too soon and hit our front passenger side. According to the police report, the accident occurred just across the white line, meaning they believe he had strayed over into the shoulder. He never even saw them. They had been speeding and had already passed an 18-wheeler before coming up behind my husband. In Maine, passing a moving vehicle on the shoulder is legal, so the injured motorcyclist and his passenger (and their attorney) believe my husband was at fault. Our insurance company denied their claim because my husband was delivering a newspaper my son missed from his route the day before. It didn't matter that it was just a favor, they considered it an exclusion. The motorcyclist has now hired an attorney and is suing us. Our insurance company is going to pay for our defense, but I'm concerned that if we lose, they will garnish my husband's wages because we have no assets for them to take and no savings to speak of. Is this something that can happen? Because we barely make it as it is. I hate the idea of paying for their idiocy for the rest of my life.

Answer
Hi Nancy,

You have nothing to worry about. Your insurance company has denied the claim because they believe that your husband was not legally responsible for the accident. If you are sued your insurance company will provide you with a defense attorney to defend the suit. If you should happen to lose the case it is because the judge has determined that your husband was legally responsible for the accident. If that occurs it would mean that your insurance company was wrong in denying the claim and the insurance company would have to pay any judgement that the judge awards upto the limit of your policy. Of course if the judges award is greater than the amount of liability coverage that you have, then your husband would become responsible for the balance. In most cases of this type, your insurance company and the injured party's attorney will reach a settlement agreement before this ever goes to trial.

I hope this helps
Richard Hixenbaugh

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