Legal Question in Insurance Law in Pennsylvania

This is a complicated circumstance but is involved with auto insurance laws.

I am in the midst of divorce where equitable distributions are not yet ironed.One asset is an automobile where we are coowners. �The car is registered in her name only, and also insured only in her name, but my name is still on the title. �Other assets for division are retirement accounts and our house.

In comes the third party, her boyfriend who �unofficially� cohabitates with her in my house. �He has his own auto there, but it is unregistered and he does not have a valid license at this point. �My ex allows this man to drive her (our) car long distances even though he has no valid license and does not have his own insurance.

Now I�m pretty certain that if he was to get into a horrible accident with our car while driving without a license, her auto insurance would not cover, and she�d be liable for damages (he has no assets). �She is risking her own livelihood by allowing an un licensed/uninsured individual drive our car. My concern is that since we are still officially married, her assets are still my assets as well, and the circumstances also put my livelihood at risk. �Is that a legitimate concern in light that I am still a coowner of the car as well and our assets are not yet divided?

2. �My ex to be also drives his unregistered/uninsured auto short distances. �Again, if she was to get into a bad accident with his car, her insurance certainly would not cover, so again, she�s putting her own livelihood at risk. �Same question, is she putting my livelihood at risk as well as far as our undivided assets?

Any feedback very much appreciated. �Is there anything I should do to protect myself. �Thank you.

Asked on 5/15/13, 6:10 pm

1 Answer from Attorneys

Richard Senker Senker Law Office

1, If the BF drives a car w/ the owner's permission, the insurance on that car will cover the driver.

2. I don't think your wife's permitting a person w/o a license to drive her car would make hernegligent or liable, but if she permitted a known bad driver to drive, she may be negligent.

3. Whether your assets are at risk should be answered by your divorce atty.

4. If your wife drives BF's car, her medical bills would be covered by her auto insurance. I think her auto insurance would be secondarily responsible to insure her if she is negligent.

Feel free to call and discuss. These theoretical questions are not easy to sort out.

Richard Senker (610) 279-1600

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Answered on 5/15/13, 6:34 pm

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