Would my husband be in any legal trouble and what can my husband do if his father was in a car accident and it was his fault?

Yes, your husband has some major problems and needs to consult an attorney to see how best to protect himself. His car insurance company will not accept coverage because your father-in-law is not a licensed driver [excluded from the policy] the car is not garaged at his residence, etc. In California, the owner of a car is jointly liable with the driver for the first $15,000 in damages. But a smart plaintiff's attorney will also claim there was negligent entrustment of the vehicle to an elderly person so there is no limit on your husband's liability. It will be a little difficult to serve your husband in another state, but that will not be a major problem. ?Your husband may want to file for bankruptcy; his dad might also want to do so. A wrongful death case can easily be worth a million or more.

A car owner?s liability is limited to $15,000/30,000. Your husband?s insurance should cover that. However, if it could be proven that he had knowledge of Dad?s incompetency as a driver, and let him drive the car anyway, it could be argued that he was actively negligent, opening the door to liability above the statutory minimum.

This obviously is far too little information to engender a meaningful response. Please discuss this with your insurance carrier and, if then necessary, an attorney in person.

If your husband has insurance on the vehicle, any claim for damages should be routed to the insurance carrier for that policy. However, when the carrier discovers that the Dad was not licensed, they will probably deny coverage if they can claim that your husband knew that his Dad was not licensed and allowed him to drive his vehicle anyway. If your husband does not have insurance on the vehicle, both he and his Dad could be held liable for the death and any other injuries and damages.