How can I collect from a negligent driver's personal assets?

Getting a judgment in your favor may not be the most difficult thing after a car crash: getting the most from your personal injury settlement may be.  Once you have a judgment in your favor, the insurance company will pay its share as required by the court order or settlement agreement. If the court’s order or the settlement agreement is higher than the insured’s policy limits though, the negligent driver will be responsible for making those payments directly to you. If he doesn’t follow through by making those payments, you can collect from his personal assets.

The first step is to get a judgment against the driver. The process for getting a judgment will vary from state to state and you can contact your local court administrator for instructions.  Once you have a judgment, you will be considered a creditor and the negligent driver will be the debtor who owes you money.

You have rights as a creditor to garnish or levy the negligent driver’s bank account. The bank will need a certified copy of the judgment and you will need to complete paperwork (also available from your local court administration). The bank will then freeze the accounts and give the debtor a chance to say if or why the money is protected. If it is not protected, then the bank will release the personal assets to you.

If the negligent driver doesn’t have enough money in his bank accounts, you can use a similar garnishment process to garnish a percent of his wages out of each paycheck until the judgment is paid in full.

Getting Legal Help

An attorney can help you wrap up your settlement and collect the debt from the negligent driver. If a court appearance is necessary for contempt of a court order, an attorney can bring the action and represent your enforcement claims in court.