Legal Question in Civil Litigation in Florida

Personal Liability beyond Insurance Coverage for Spouse

My spouse was in a car accident.

He was charged with a DUI (the second within two years) and a red light infraction.

I was not in the car but own the car jointly.

Both of our names are on the policy.

Although there did not appear to be anyone seriously injured at the scene of the accident, we have since learned that there is a person injured. Also a few days after the accident, one of the passengers in the other car reported losing a fetus.

What if the charges are raised to a felony - what are the penalties likely to be?

If the law suit exceeds our personal insurance coverage, what personal assets can be attached?

Can pensions and social security be attached?

Can our home owned jointly be attached?

Can our IRA's owned singularly be attached?

As his spouse, can assets solely in my name be attached if the suit is won?

Specifically, can an Ira or real estate in my name be attached?

As a spouse co-owning the car, am I liable for damages?

Presently the insurance company is accumulating facts.

Should we retain our own counsel?

Where do we go from here?

Thank you,

--name removed--Nash

3 Answers from Attorneys

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