Insurance & Risk Management Auto Insurance CCPA Title III garnishment cap (15 U.S.C. §1673)

Auto Liability Coverage Limit Calculator

Liability limits are not sized against the car you drive. They are sized against what a plaintiff could collect from you if a jury award runs past the policy. This calculator works out that number: the net worth a creditor can reach after your homestead exemption and retirement accounts are set aside, plus the slice of future wages a judgment can garnish. It then shows what is left uncovered at each common limit tier and how much umbrella coverage would close the gap. Every dollar figure is yours to enter — nothing here is a quote.

Calculator

This calculator runs in your browser. Enable JavaScript for live results — the inputs, formula and worked example below remain fully readable without it.

Inputs this calculator takes, with typical values
InputWhat to enterExample
Total net worthEverything you own minus everything you owe, including home equity and retirement accounts — those are subtracted separately below.500000 $
Equity in your primary homeMarket value less the mortgage balance on the home you actually live in.200000 $
State homestead exemptionThe home equity your state shields from creditors. It ranges from a few thousand dollars to unlimited depending on the state — look up your own.100000 $
Qualified retirement assetsBalances in ERISA plans such as a 401(k), which carry a federal anti-alienation shield. IRA protection is set by state law.200000 $
Annual gross incomeYour own earned income. A judgment reaches future wages, not just today's balance sheet.100000 $
Share of earnings garnishableFederal law caps ordinary wage garnishment at 25% of disposable earnings; several states cap it lower.25 %
Years a judgment stays collectableJudgment life varies by state and most states allow renewal. Ten years is a common initial term.10 yr
Bodily injury limit per personThe most the policy pays for any one injured person. The first number in a quote like 100/300/100.$100,000
Bodily injury limit per accidentThe most the policy pays for all injuries in one crash. This is the number your exposure is measured against.$300,000
Property damage limitPays for what you hit — other vehicles, buildings, poles, guardrails. Compare it against the vehicles on your commute.$100,000

It returns

  • Assets a judgment could reach — Unprotected net worth plus garnishable future wages.
  • Uncovered at your per-accident limit
  • Umbrella coverage to close the gap — Rounded up to the next whole million, which is how umbrella policies are sold.
  • Unprotected net worth
  • Garnishable future earnings
  • Limit as a share of exposure

The formula

E=max(0,Wmin(H,X)R)+Igy
S=max(0,ELacc)
U=S1000000×1000000

In plain text: Exposure = max(0, net worth − min(equity, homestead) − retirement) + income × garnish% × years

  • EAssets a judgment could reach ($)
  • WTotal net worth ($)
  • HEquity in the primary residence ($)
  • XState homestead exemption ($)
  • RQualified retirement assets ($)
  • IAnnual gross income ($)
  • gGarnishable share of earnings (decimal)
  • yYears a judgment stays collectable (years)

The homestead shield is capped at the equity actually held, so a generous exemption never creates protection you do not have.

Updated Category Auto Insurance Verified against published test cases Reading time 11 min

Liability limits are sized against your balance sheet, not your car

Buy a $12,000 used sedan and you might reasonably carry a small collision deductible and skip comprehensive. None of that reasoning applies to liability. Liability coverage does not protect the car. It protects everything you own and everything you will earn, because a bodily injury award that exceeds your policy limit becomes a personal judgment against you.

That is why the right question is never "what limits does my state require?" State minimums are set by legislatures balancing affordability against victim compensation, and in most states they were last raised decades ago. A single injured driver with a helicopter transport, a spinal fusion and eight weeks off work can produce a claim in the low six figures without anything unusual happening. Your limit either absorbs that or you do.

The calculator above works the exposure from the collections side. A plaintiff with a judgment cannot simply take everything. Federal and state law shields some assets outright, caps how much of your paycheque can be attached, and sets a clock on how long the judgment stays alive. What is left after those shields is the number your policy limit has to cover — and it is usually larger than people expect, because future wages are part of it.

Two limits appear on every auto policy: a per-person bodily injury cap and a per-accident cap. The per-accident number is the one to measure exposure against, because it is the ceiling on everything the insurer pays for injuries in one crash no matter how many people are hurt. A third figure, property damage, is a separate bucket entirely and is measured against what you might hit rather than what you own.

How the exposure figure is built

The formula has two halves: what a creditor can seize today, and what a creditor can collect from you over time.

The balance-sheet half. Start with net worth, then subtract the two shields that matter most for ordinary households. The first is the homestead exemption, which protects equity in your primary residence. Its size is a matter of state law and the spread is enormous — some states protect a fixed five-figure amount, a handful protect unlimited equity in a home of any value, and several protect nothing beyond a token sum. The calculator caps the shield at the equity you actually hold, so entering an unlimited-state figure never shields more than the house is worth to you.

The second shield is qualified retirement money. Assets in an ERISA-governed plan such as a 401(k) carry a federal anti-alienation provision that keeps general creditors out. IRAs are a different question, protected by state statute rather than ERISA, with limits that vary widely — so if most of your retirement savings sits in a rollover IRA, check your own state before treating it as untouchable.

The future-earnings half. A judgment creditor can garnish wages. The federal Consumer Credit Protection Act caps ordinary garnishment at 25% of disposable earnings, or the amount by which weekly disposable earnings exceed thirty times the federal minimum wage, whichever is less. States may cap it lower and several do; none may raise it. Multiply your income by that share, then by the number of years the judgment remains collectable. Judgment life is set by state statute, and in most states a judgment can be renewed before it lapses — which is why the ten-year default is a floor for the exposure, not a ceiling.

Add the two halves and you have the exposure. Subtract your per-accident bodily injury limit and what remains is the shortfall a personal umbrella policy exists to absorb. Umbrella coverage is sold in whole millions, so the calculator rounds the shortfall up to the next million.

Worked example: a $500,000 net worth against 100/300/100 limits

Take a household with $500,000 in total net worth. Of that, $200,000 is equity in the family home, $200,000 sits in a 401(k), and the remaining $100,000 is a taxable brokerage account and cash. The state homestead exemption is $100,000. Gross household income for the named insured is $100,000, wage garnishment is capped at the federal 25%, and judgments in the state run for ten years.

  1. Shield the home equity. min($200,000 equity, $100,000 exemption) = $100,000 protected. The other $100,000 of equity is exposed.
  2. Strip out protected assets. $500,000 − $100,000 shielded equity − $200,000 retirement = $200,000 of unprotected net worth.
  3. Value the garnishable wages. $100,000 × 25% × 10 years = $250,000.
  4. Total exposure. $200,000 + $250,000 = $450,000.
  5. Compare with the limit. At 100/300/100 the per-accident bodily injury limit is $300,000. $450,000 − $300,000 = $150,000 uncovered.
  6. Size the umbrella. ceil($150,000 ÷ $1,000,000) × $1,000,000 = $1,000,000, the smallest umbrella sold.

The limit covers $300,000 ÷ $450,000 = 66.7% of the exposure. Notice which half of the exposure does the damage: the garnishable wages, at $250,000, are larger than the entire unprotected balance sheet. A household with modest savings and a strong income is not lightly exposed — it is exposed in instalments.

Reading the shortfall and the ratio

A shortfall of zero means the per-accident limit is at least as large as the collectable assets modelled here. That is the goal, and for most households it is reached with an umbrella rather than with auto limits alone, because auto liability is rarely sold above $500,000 per accident and umbrellas start at $1,000,000.

The coverage ratio restates the same thing as a percentage. Below 100% some part of the exposure sits outside the policy. It does not tell you how likely a claim of that size is — only what happens if one arrives.

Three things the ratio does not capture, and you should hold them in mind:

A jury award is not capped by your assets. The exposure figure is what a plaintiff can collect. The award itself can be far larger, and a large uncollectable judgment still means years of litigation, liens on property you buy later, and a settlement negotiated from a position of weakness. Limits also buy you a defence: the insurer's duty to defend is usually separate from and in addition to the limit, and it ends when the limit is exhausted.

Your own losses are a separate calculation. Liability pays other people. What the other driver's insurance fails to pay you is the job of uninsured and underinsured motorist coverage, which is sized in the uninsured motorist coverage calculator against your own medical and wage exposure. Damage to your own vehicle is settled under collision and comprehensive, where the numbers that matter are the deductible break-even point and, on a total loss, the actual cash value settlement.

Household members carry the same exposure. If a resident relative drives your car, a judgment arising from their crash reaches the same assets. That is the arithmetic behind the premium jump modelled in the teen driver insurance cost calculator: young drivers raise both the frequency and the severity side of the same exposure.

How the three numbers in a quote map to coverage

Standard shorthand for auto liability limits. The middle number is the ceiling on everything paid for injuries in one crash.
ShorthandBI per personBI per accidentProperty damageTotal BI available to three injured people
25/50/25$25,000$50,000$25,000$50,000
50/100/50$50,000$100,000$50,000$100,000
100/300/100$100,000$300,000$100,000$300,000
250/500/250$250,000$500,000$250,000$500,000
$500,000 CSL$500,000 combined single limit for BI and PD together$500,000 less any PD paid

The last column shows why the per-person figure rarely binds when several people are hurt: at 25/50/25, three claimants share $50,000 in total, so the $25,000 per-person cap is never reached by more than two of them.

Mistakes that leave the gap open

  • Buying state minimums because they are legal. Legality is the floor set by a legislature, not a coverage opinion about your balance sheet. The two numbers have no relationship.
  • Assuming a home cannot be touched. The homestead exemption is state law and in several states it is a five-figure amount against six figures of equity. Look yours up before you count the house as protected.
  • Treating an IRA like a 401(k). ERISA's anti-alienation shield covers employer plans. IRA protection from general creditors comes from state statute and is capped in many states.
  • Forgetting future income. In the worked example, garnishable wages are the larger half of the exposure. A young professional with student debt and negative net worth still has a substantial exposure.
  • Raising auto limits and ignoring the underlying-limit rule. Umbrella carriers require specified minimum limits on the auto and homeowners policies underneath. Buying the umbrella first and the underlying limits later can leave a layer of self-insurance in the middle.
  • Sizing property damage against your own car. Property damage pays for what you hit. It is consumed by other people's vehicles and by roadside structures, and it does not touch your own repair bill.

This models collectability, not liability

Nothing here predicts whether you will be found liable, how large an award will be, or how a specific court applies your state's exemption statutes. Exemption law, judgment life, renewal rules and garnishment caps are all state-specific and change. Use the result to size a coverage decision, and consult a licensed attorney in your state before relying on any of it in an actual dispute.

Where umbrella coverage fits and what it does not do

A personal umbrella sits above the auto and homeowners policies and pays after both are exhausted. Because it only ever pays in the tail of the distribution, it is priced very differently from primary coverage — the first million of umbrella typically costs a small fraction of what the first $300,000 of auto liability costs, for the simple reason that far fewer claims ever reach it.

The umbrella also broadens coverage in ways the auto policy does not. Personal injury offences such as libel, slander and false arrest are commonly covered; so is liability arising from a rented dwelling or a boat, subject to the schedule. What it does not do is cover your business activity, intentional acts, or the property you own — for that first-party coverage takes over, sized by the dwelling replacement cost calculator and the personal property coverage calculator.

One structural note worth understanding: excess liability and umbrella liability are not the same product. A true excess policy follows the underlying form and pays only what the underlying would have paid, above its limit. An umbrella can drop down and pay for exposures the underlying policy excludes, subject to a self-insured retention. Read which one you are being quoted; the wording on the declarations page usually says.

Finally, revisit the number when the balance sheet moves. A promotion, an inheritance, a paid-off mortgage or a vested equity grant all raise the exposure, and none of them prompts a call from your agent. The exposure calculation takes two minutes; the gap it finds can take a decade of wages to close.

Frequently asked questions

What liability limits should I carry?

Enough that your per-accident bodily injury limit is at least as large as the assets a judgment could reach, which is the number this calculator produces. For a household with unprotected assets and income totalling under $300,000, the widely available 100/300/100 tier does it. Above that, you generally reach the required limit with a $1,000,000 umbrella sitting on top of 250/500/250 rather than by buying auto liability alone, because primary auto liability is rarely sold above $500,000 per accident.

Does the per-person or the per-accident limit matter more?

The per-accident limit, because it caps everything the policy pays for injuries in one crash. The per-person limit only binds when a single claimant's damages exceed it while the total stays below the per-accident cap — one badly injured person in a car with three unhurt passengers, for example. When several people are hurt, the per-accident figure runs out first and the per-person cap never comes into play.

Can they really take my future wages?

Yes, within limits. A judgment creditor can garnish wages up to the federal ceiling of 25% of disposable earnings, and states may set a lower cap. The judgment stays collectable for a term fixed by state statute — commonly several years to a decade — and most states allow it to be renewed before it expires. That is why the calculator counts multiple years of garnishable income rather than a single year.

Is my 401(k) safe from an auto judgment?

Assets in an ERISA-governed employer plan carry a federal anti-alienation provision that keeps general creditors out, which is why the calculator subtracts them. An IRA is different: its protection comes from state statute, varies substantially by state, and is capped in many of them. If most of your retirement savings sits in a rollover IRA, check your state's exemption before entering the balance in the retirement field.

Why does the calculator round the umbrella up to a whole million?

Because that is how the product is sold. Personal umbrella policies are written in $1,000,000 increments; there is no $150,000 umbrella. If the calculated shortfall is $150,000 you buy $1,000,000, and the extra $850,000 costs very little because the probability of a claim reaching that layer is low. Ask your agent to price $1M, $2M and $3M together — the marginal cost of each additional million is usually far below the first.

I have almost no net worth. Do I still need more than the minimum?

Look at the garnishable-earnings half of the result before deciding. A resident with a $90,000 salary and no savings still shows a six-figure exposure once ten years of garnishable wages are counted, and that exposure grows every time the salary does. The countervailing point is real: collection against someone with no assets is slow and expensive, and plaintiffs' attorneys weigh that. Higher limits also buy a defence and a faster settlement.

Does this include the property damage limit in the exposure?

No, and deliberately. Property damage is a separate limit that pays for what you hit — vehicles, buildings, poles, cargo — and it is sized against the value of property on the roads you drive, not against your balance sheet. The exposure figure here measures bodily injury liability, which is where the six- and seven-figure claims come from. Set property damage by looking at what a modern vehicle costs to replace.

Do higher limits attract larger lawsuits?

Your limits are not public and a plaintiff's attorney generally learns them only in discovery or through a pre-suit disclosure your state may require. What limits do change is the settlement dynamic: a claim that comfortably fits inside a large limit settles with the carrier, while a claim that exceeds a small limit pushes the plaintiff to look at you personally. The practical effect of higher limits is fewer conversations about your assets, not more.

References

  • Consumer Credit Protection Act, Title III — Restriction on Garnishment, 15 U.S.C. §1671–1677 — U.S. Congress
  • Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title IIIU.S. Department of Labor, Wage and Hour Division
  • Employee Retirement Income Security Act of 1974, anti-alienation provision, 29 U.S.C. §1056(d) — U.S. Congress
  • Automobile Insurance Requirements by State — National Association of Insurance Commissioners