QUESTION

Spousal Liability

Asked on Oct 20th, 2014 on Civil Litigation - Virginia
More details to this question:
My husband has been having petit mal seizures but refuses to see the doctor because he will get his drivers license taken away. He continues to drive. If he causes an accident, am I also liable for damages and civil settlements?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You would not be liable for your husband's negligence, but you could be liable for your own.  For example, you could theoretically be considered negligent for allowing your husband to drive your car in his condition, if a jury believes that you did not act reasonably under the circumstances, and that your negligence caused, or contributed to causing, damage to another.  You might also, possibly, have a problem with insurance fraud if, knowing about your husband's seizures and that he was continuing to drive, you obtained or renewed an automobile insurance policy without reporting this material fact.  Also, regardless of fraud, if you and your husband have an automobile insurance policy in which you are both listed drivers, the premium will likely skyrocket if he causes an accident. Obviously, even if you are not personally liable, if your husband hasto pay a large amount of damages (above the amount covered by insurance), it is likely to lower your standard of living as well. Incidentally, settlements are agreements.  If you don't agree to be responsible for paying a settlement, you are not.  However, a plaintiff may not agree to any settlement if you do not bind yourself to it, in addition to your husband being bound.
Answered on Oct 20th, 2014 at 1:16 PM

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