Legal Question in Family Law in Indiana

Husband cancelled Auto Insurance Without Telling Wife

While my friend was in the processing of filing for divorce, her husband had the automobile insurance cancelled without telling her. She subsequently was involved in an auto accident in Ohio and was at fault, and it was discovered that she had no insurance. Her license was suspended. Her attorney contacted the other person's attorney several times suggesting that they negotiate a repayment schedule of the debt, but the accident ''victim's'' attorney will not respond to the attorney's letters. What can be done now?


Asked on 1/13/02, 8:33 pm

1 Answer from Attorneys
Dorene Philpot Philpot Law Office

Re: Husband cancelled Auto Insurance Without Telling Wife

To get her license back and to clear the debt, she can file for bankruptcy protection. The bankruptcy doesn't have to be completed, only filed, before she can get her license back.

Now, if it was a drunken-driving accident, she cannot get that discharged in Indiana.

As to the ex, he SHOULD have told her about the insurance, as should the insurance company. However, I doubt that it would be actionable for her to seek damages against her ex, though I think those facts should be brought up in court at the final hearing.

It's possible the judge would order him to help her pay for it.

If the first attorney cannot get the second attorney to respond, then the first attorney needs to ask for a hearing on the issue. Then the second attorney will HAVE to respond by going to the hearing.

Hope this helps....

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Answered on 1/14/02, 6:56 am


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