QUESTION
Am I liable in my husband's traffic accident lawsuit?
Asked on Jul 30th, 2014 on Personal Injury - Michigan
More details to this question:
My husband was involved in a car accident in Michigan a few years ago, and is being sued. If the judgment goes against him, and exceeds the insurance policy coverage, can they go after our house (which we recently refinanced in my name alone)? And also, can they go after his IRA? All parties are residents of Michigan.
6 ANSWERS
Ronald A. Steinberg
Only the owner and the operator of the car are liable. If you both own the car, then you are also liable. Unless your home is worth bazillions of dollars, it should be exempt from being grabbed by the other parties. If you can afford it, especially if you have a lot of assets to protect, you need to buy an "umbrella policy" which, for not a lot of money, will go from perhaps $300,000 up to $1milion, for maybe $100 or so.
Answered on Aug 01st, 2014 at 6:28 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
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No they can't get to your house or sole assets unless you were a co owner of the car. Joint assets are at risk.
Answered on Jul 31st, 2014 at 7:38 PM
EDWARD MILLER
You don't say who is being sued. If you are, and if you were the operator or co-owner of the car, you can be sued. If not, you can't be. If you are not a party being sued, and if the house is the usual tenancy by the entireties, it cannot be taken by a creditor. Retirement plans are exempt from execution or garnishment.
Answered on Jul 31st, 2014 at 12:17 PM
Criminal Defense Attorney serving Southfield, MI
Partner at
Law Offices of Ezra N. Goldman P.C.
3 Awards
You should really ask the lawyer defending you. Who owned the car he was driving? Did they sue you and him or just him? Not enough info for me to give you a complete answer.
Answered on Jul 31st, 2014 at 12:15 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You are only liable if you owned the vehicle or owned it jointly with your husband. If you are insured, you should pressure the insurance company to settle the case to protect your assets.
Answered on Jul 31st, 2014 at 10:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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See an attorney. Entireties property and IRA should be exempt. Planning is better than reacting.
Answered on Jul 31st, 2014 at 10:45 AM