Legal Question in Personal Injury in Alabama

car accident caused by a person driving while intoxicated

if a husband has an uninsured car and while he is out of town, his wife while intoxicated has an accident

that caused damages to another car. The owner of that

car had insurance. The husband tried to make arangements with the owner & the insurance company , and there was no response from them for years. Now the owner of the insured car is sueing it's insurance company and the DUI wife for damages and mental stress that will affect the ability to be gainfully employed for the rest of life.

What can the husband do to protect himself because he did not wantingly allow the wife to use this uninsured car that is titled to him. sos need help!!!!!


Asked on 5/04/00, 5:22 pm

1 Answer from Attorneys
Dennis Harmon Dennis Harmon

Re: car accident caused by a person driving while intoxicated

First, turn this over to your insurance company. The normal policy requires it to pay damages up to the limits paid for in the liability section and defend the law suit.

If you were out of town, it seems unlikely that anyone could prove a case of negligent entrustment,i.e., that you negligently gave her the keys. So, you are not directly liable.

If there is no insurance and you are trying to protect joint assets, she may need to take a bankruptcy if the situation is bad enough. But, don't take that step until there is an actual judgement and even then after going over the whole situation with a lawyer who can examine the entire financial picture.

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Answered on 6/21/00, 4:06 pm


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