My ex husband is being sued for bodily injury someone sustained in an automobile accident. He was driving a work vehicle in the performance of his scheduled work duties. The accident occurred in WA state in 2010. We separated in late 2010 and our divorce was final in early 2011 after which I moved 3000 miles away. I just received notice from my ex husband that he received a letter dated June 2013 claiming that she is now naming both of us in a BI lawsuit. I would like to know if I am likely to be taken to court in this action?
1 Answer from Attorneys
Assuming the injury occurred prior to the date of separation (listed in your petition for dissolution and the decree of dissolution), then the marital community assets can be used to satisfy the claim, assuming the plaintiff wins at trial and there is no insurance and the employer does not cover the damages or the injury is deemed (by the court) to have occurred outside the scope of your ex's employment.
For now, if there are insurance companies and lawyers involved defending your husband, I would not worry too much, but you definitely want to keep abreast of the situation just in case. If you can afford it, you may also want to hire a Washington attorney to review the documents so far to give you a proper professional assessment of your liability, if any, in this matter.