My husband was in a car accident. He was driving a car for a company he freelances with and is fully insured under their policy. The other driver had NO INSURANCE and is not suing everyone and everybody. My husband has no assets and is not concerned. I do have many assets we have been married for six months will I be liable or have any liens put on my property if she can prove he must pay for her pain and suffering?
2006-09-24 07:51:58 · 7 answers · asked by justthetwoofus 3 in Politics & Government ➔ Law & Ethics
My husband was in a car accident. He was driving a car for a company he freelances with and is fully insured under their policy. The other driver had NO INSURANCE and is "NOW" suing everyone and everybody. My husband has no assets and is not concerned. I do have many assets, we have been married for six months, will I be liable or have any liens put on my property if she can prove he must pay for her pain and suffering?
I can not comment on who is at fault because of the case. He did not rear end her nor make a left turn into her vehicle.
2006-09-24 10:19:23 · update #1
If he was driving a company car, the company's insurance policy will cover any lawsuits. However, you don't say who is at fault in the accident. The answer to that question would go a long way to answering your questions. Also, if the other driver is NOT suing, why are you worried about it. On a further note, if your husband is sued and the award is more than the policy covers, your husband could be held liable for the uncovered amount. If you have any joint assets, ie, bank accounts, home, etc, they could concievably be used in settling any claims.
2006-09-24 08:14:57 · answer #1 · answered by Jim T 4 · 0⤊ 0⤋
Everything you have is Community Property. Half of all your assets also belong to your husband. If I were you I would find a way to shield yourself. In California, we have a financial responsibility law what requires all drivers to have Liability Insurance.
I do not know about your State, but it is illegal to drive without Insurance, That other driver may have a hard time proving who was at fault, unless your husband Rear ended the other Driver or Hit the other driver while making a left turn. Those are two things that mean guilt without any further need for consideration.
Good Luck to both of you, but you should see a lawyer and ask how you may protect yourself.
2006-09-24 08:15:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are not the owner or driver of the vehicle, I don't see any legal theory of why you should be liable for anything. However, if the property is in both of your names, then I suppose a lien can be put on the property, if your husband's name turns up in a title search. That said, your husband's company's insurance should have more than sufficient funds to pay for any damages. Who was at fault? Was it gross negligence? Not enough information.
2006-09-24 08:04:25 · answer #3 · answered by Anonymous · 1⤊ 0⤋
They cannot sue you because he rear-ended them, even if he is your husband. The question of whether they can seize your joint assets if there is a judgment against your husband in excess of the insurance policy is highly dependent upon the specific laws of your state, and you should consult an attorney in your state to see what those laws are.
2006-09-24 07:54:59 · answer #4 · answered by y_nevin 2 · 0⤊ 0⤋
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2016-10-17 21:41:46 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If you live in a community property state it is possible, but in general the car insurance people makes the settlement with them.
But yes they can still sue him and win if he has nothing, and after that they can attempt to collect money forever.
2006-09-24 12:59:23 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That is why you have a added cost to your premium. It is call uninsured insurance. You pay it just for this, someone stupid enought to drive without insurance. Your insurance will pay for her cost. She can not sue you because in most states IT is illegal to drive without insurance. The premium for uninsured drives me nuts but I still have to pay even when it is not my fault. Welcome to America.
2006-09-24 08:16:55 · answer #7 · answered by BUTCH 5 · 0⤊ 0⤋