Legal Question in Personal Injury in Florida
Automobile accident lawsuit above insurance amount
Please read the following scenario, then my questions follow. Thanks so much.
Married couple, husband is primary policy holder for automobile insurance. Wife has an at fault accident in her vehicle (vehicle in her name only and husband was not in car) in 2005.
Couple has since divorced (2007) and no longer share insurance.
Now, the husband receives a letter in the mail from the insurance company stating that there is a pending lawsuit regarding the wife's accident that exceeds the amount of insurance coverage by $25,000.
Q1- Because he was the primary policyholder, is the husband the one primarily responsible for damages over the amount covered by insurance? Or is the wife responsible because she was the one driving and at fault?
Q2- If the husband is responsible for the damages and he has no liquid assets (only a car and a 401k), how would damages typically be collected (i.e. garnished wages)?
I appreciate any information you can offer. Thank you.
3 Answers from Attorneys
Re: Automobile accident lawsuit above insurance amount
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Both parties are responsible. If you have no assets, then the party will have a hard time trying to collect. A judgment can be obtained but the wages of the head of a family cannot be garnished.
Scott R. Jay, Esq.
Re: Automobile accident lawsuit above insurance amount
It sounds like it would wife liability if car was in her name and accident was her
fault.However, the divorce judgement could have effected this liability. In order to assess the situation send me an e-mail with your phone # to discuss.
Re: Automobile accident lawsuit above insurance amount
Being a policy holder does not make you liable for another's negligent operation of a car. If the wife was the only owner of the car (her name only on the title) and she was the one driving the car, then the husband has no liability.
You may have gotten what is a typical form letter that should have gone to your ex wife, but went to you instead because the computer that spit out the form saw you as the named policy holder.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
