Legal Question in Personal Injury in Arizona

Is new wife libel for past accident?

My fiancee was involved in an injury accident. He was not sited and his insurance paid the maximum to the injured party but it didn't cover it all. Her insurance tried to collect more money from him but he had no assets at the time. The accident was in Arizona almost 2 years ago and he has moved to Montana now. Can the insurance company or the injured party seize my assets after we are married?


Asked on 1/09/08, 10:03 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Is new wife libel for past accident?

something is seriously wrong here. If his insurance company gave their policy limits to the injured party, they should have had that person sign a release of all claims. That person could file an underinsured motorist claim with his or her own insurance, but that insurance company could not pursue your fiance. Consult with an attorney. Your insurance company may have erred, or there is more to the story. Possibly, could it be that they went to trial, got a judgment, and then his insurance paid their limit, leaving the remainder of the judgment? Something is not correct in the facts presented or in the way this was handled, I cannot tell from your submittal.

You would not be personally liable, and are not married, so your property could not be attached, and there is no community property. If you marry, his part of community property may be at risk. Use caution. Speak with an attorney.

Read more
Answered on 1/10/08, 2:33 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Arizona