QUESTION
My estranged husband lent his mistress his car, in which she had an accident, resulting in a pedestrian death. Can he be sued for wrongful death?
Asked on Jun 08th, 2020 on Automobile Accidents - Maryland
More details to this question:
My estranged husband's mistress used his car, had a hit and run accident (she was not criminally charged) , resulting in a pedestrian being killed. The pedestrian was a mechanic fixing a disabled bus on the side of the road, so he was "on the job" when it happened. I told my soon to be ex that he could be sued in wrongful death as he's the car owner. I saw a note from our car insurance company regrading the claim. I am worried, could the family sue and take all of our assets? We are not yet fully divorced. I feel awful for this poor family, but also worry what will happen to mine.
1 ANSWER
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He is certainly vulnerable to a law suit if the girl friend's liability is first proven. Presuming he has automobile insurance, the insurance should cover the driver's liability up to the policies financial limits (a minimum of $30,000 in Maryland). If he is unensured, the deceased woman's estate can apply to the Maryland Automobile Insurance Fund (MAIF) for some compenstation. More than likely, the damages the family and/or estate might claim would be well in excess of any insurance coverage he might have, so he may be liable for the difference in the form of a money judgement.
Answered on Jun 10th, 2020 at 4:32 PM