QUESTION

Are my wife's asset's at risk if my insurance is not enough?

Asked on Nov 02nd, 2013 on Automobile Accidents - Michigan
More details to this question:
My son had an at fault accident in a car that is in my name only. Also, the insurance policy is in my name only. It was a minor accident. Both cars drove away from the accident. The other guys is going after my insurance (suing for the coverage limits). My wife has funds in a savings account in her name only. If they decide to go for more money than my insurance limits, given the above information, are her assets at risk? Thanks.
Report Abuse

8 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
I do not believe her assets are at risk unless they can show that she provided the car to your son rather than you.
Answered on Nov 07th, 2013 at 11:24 PM

Report Abuse
Ronald A. Steinberg
The driver AND the owner are liable for an accident. Your wife's assets are not at risk because she was neither the owner nor the driver.
Answered on Nov 06th, 2013 at 4:58 PM

Report Abuse
Generally separate property would not be accessible, but it depends on a variety of factors, such as whether the funds in the account are even in part from co-mingled income sources. Furthermore, even if ultimately the funds are unavailable, that would not prevent prosecution from at least attempting to attach them, and/or freezing the account.
Answered on Nov 05th, 2013 at 4:46 PM

Report Abuse
James Eugene Hasser
Your wife and you should be ok. There would be no liability on yours or your wife's behalf for your son's wreck. The only way you would be liable is if your son is an incompetent driver and you let him drive your car anyway. One way to insure you don't get hit with a judgment in excess of the policy limits is to tell your insurance company, in writing, to settle the case within the policy limits. That way, if they don't, and they get hit with an excess judgment, they have to eat it.
Answered on Nov 05th, 2013 at 4:46 PM

Report Abuse
Personal Injury Attorney serving Milwaukee, WI
1 Award
Neither you nor your wife were negligent. Neither of you caused the accident. Because your son was driving your car, your automobile liability insurance company is at risk for paying the other person's damages. You are not personally liable for anything.
Answered on Nov 05th, 2013 at 4:45 PM

Report Abuse
Edwin K. Niles
I wouldn't worry, if it was a minor fender-bender. Claimants attorneys only go after assets in cases of terrible injuries. Also, the owner's liability is limited to $15,000, which is the minimum policy limit.
Answered on Nov 05th, 2013 at 4:44 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Doubtful, her assets should be unavailable to the claim.
Answered on Nov 04th, 2013 at 10:38 PM

Report Abuse
Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
Update Your Profile
In Michigan, under your scenario, you would have potential liability under the Owner Liability Statute; however, the injured person(s) would have to prove they suffered "threshold" injuries to actually collect any $ from your insurance company. Your wife would only have liability if she somehow acted negligently in regard to your son's use of the vehicle. Her individual assets are unlikely to be the source of any recovery if she did not act negligently in proximately causing the crash. Further, any joint assets between you and your wife are also generally unavailable if she was not negligent, even if you have liability. Although the easy way to protect yourself is to purchase sufficient insurance coverage to protect your assets, perhaps including an umbrella policy.
Answered on Nov 04th, 2013 at 10:38 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters