Legal Question in Personal Injury in California
My wife is being sued for an auto accident as the sole defendant in California. There was no actual collision. Wife pulled out on highway and a load we had in the back shifted and my wife put her brakes on. Car behind us coming in way to fast put on brakes and motorcycle behind him crashed. Police report stated no skid marks, tires on motorcycle were bald, and no citations were given. Can I (her husband) be held financially liable if there is a judgment against her? house is in both our names but as (joint tenancy), checking account and cars in both our names as well.
2 Answers from Attorneys
Most likely. While there are a few exceptions if the accident happened during the marriage the assets which do not qualify as separate property are most likely exposed.
The facts will determine the outcome, but the only important issue right now is whether your insurance will cover this and provide you defense. If not, then hire private counsel.
If she is the only named defendant, then she is liable for any damages if they win. However, any judgment can be assessed and levied on her interest in the community property, including bank accounts and houses.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the case and get the best outcome possible, using whatever defenses there may be.
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