QUESTION

Is community property at risk if the wife harms somebody driving?

Asked on Mar 24th, 2016 on DUI/DWI - Georgia
More details to this question:
I want to know if the car insurance will cover all costs.
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your car insurance should cover all costs up to the policy limits. After that, all of your wife's assets including community property may be at risk.
Answered on Apr 27th, 2016 at 3:24 AM

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You ask two different questions. As to whether insurance will cover all costs, you need to consult your written insurance policy. If you don't have it, or if it is not comprehensible, ask the agent who sold it to you to explain its provisions, limitations and deductibles. As to marital or community property, in this marital property State (Wisconsin), a spouse's interest in community property has a low priority in terms of where a creditor can look for payment. After insurance, next up for payment is the wrongdoer's separate property. Then his or her interest in marital property. Generally the non-offending spouse's interest in marital property comes after, and may be exempt. Since this state has rather generous exemptions of property from creditors, there may not be anything, community or other, which they could reach.
Answered on Apr 26th, 2016 at 10:04 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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1 Florida is not a community property state 2, Insurance may or may not cover damages. For example there is no insurance if a driver was DUI or otherwise impaired.
Answered on Apr 26th, 2016 at 9:57 PM

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