If my husband is drunk driving and hurts someone, can I be sued for damages? What determines who is liable? We are both on the car title and insurance.
2007-12-19 04:02:41 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
By definition you are a Named Insured on the policy (simply by being Married), so when the policy pays out you are responsible. If the suit were over your limits, all of your assets are vulnerable.
p.s. In NY State (and possibly your state), Personal Injury Protection (Covers you and your husband for injuries) will not apply if the driver is drunk.
2007-12-19 04:13:33 · answer #1 · answered by Stereotypemebecauseyouknow 7 · 1⤊ 0⤋
You might be personally sued if the plaintiff can plead and prove that you entrusted the vehicle to your husband while he was drunk. Negligent entrustment theory.
As a practical matter, insurance defends the case, and they are obligated to pay for defense.
However, it depends on your policy. If the policy refuses to pay damages for injuries done under the influence, then it's likely that they could reach your joint assets. In the event of an excess judgment, your joint assets would likely be reached.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-19 04:15:35 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
My aunt had a terrible incident when my cousin was in Tampa U. . He was in a bad accident and the car rolled with several Frat Bros in the car.. All were ok, except for one, who had damage to his neck.. (He did recover fully) The car was on my Aunt's Ins. After the ins. co. paid out the top dollar they were insured for to the boy's family for med. expenses, the family of the boy got an attorney and threatened to sue my Aunt for more money and even take their house! My aunt got an attorney pronto.. It turns out that they could only sue my Aunt for her 1/2 of house's worth. Not my uncle's 1/2. The boy was seen a few months later back on campus and going to classes.. He was walking and fine.. The parent's attorney had even tried to get my cousin, then 18, to sign something saying he would have to give a percentage of any wages for the rest of his life to this boy and his family.. My cousin did not sign and eventually the family just left them alone and took the insurance.. If it had gone to court, they would not be able to show their son was permanently injured.. He was doing fine and back at college with no health problems not long after the accident. As to your husband, I believe he is totally responsible with the ins. co. for any damages up to the point of total coverage. After that, the other party or family can sue him for more if they choose to. Then it would be up to a Judge or a Jury to award the money they sue for, based on the injuries or death.. Pray that never happens! And, if you have no money or don't own anything of value that can be sold or taken, then the old saying goes: "You can't get blood out of a stone" But your husband could go to jail if he kills somebody or severely injures them while driving drunk, and fines, as well as loss of license and maybe for good.. I would put anything valuable in my name only, and take his off it. House, bank accounts, etc. That way, you're not liable for anything he does as far as I know.. I am not an attorney tho.. PS Try to get him to AA before he ruins his life and anybody elses!
2007-12-19 04:37:27 · answer #3 · answered by Joanie 5 · 0⤊ 0⤋
You are probably not personally liable, unless you personally contributed to the misconduct in some way. But your insurance may be at issue. And any joint assets may be subject to liability for the damages.
2007-12-19 04:09:42 · answer #4 · answered by nycityboy1234 3 · 0⤊ 0⤋
I suspect that the car insurance will bear the burden for the most part. As to over and above the insurance, all marital assets are open to paying off a judgment.
2007-12-19 04:09:38 · answer #5 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
When considering penalties that can be given for drunk driving it is best never to guess or assume what could happen. Here is a link that shows the consequences for drunk driving.
2007-12-20 03:11:17 · answer #6 · answered by Helpful In Colorado 1 · 0⤊ 0⤋
since a married couple is considered to have shared assets and debts.....it isnt you they will sue...but it will be you that feels it fiancially
2007-12-19 04:11:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋