Q: If a husband won't quit drinking and driving if he has a accident can wife be sued if on same insurance policy
A: A husband who drinks and drives puts his wife at risk of a lawsuit as well as himself. The existence of an insurance policy does not not lessen the wife's risk. Obtaining a separate insurance policy for the husband will not protect the wife from a lawsuit. Your policy should be reviewed as it may not cover liability for an accident where alcohol was a cause. The wife should consult a family law attorney and seek advice as to how to protect her assets.
Randi Sirlin agrees with this answer
A: Yes.
A: A lot depends on whose name the car is in. Also you need to determine under Az law if you are responsible for your husband's carelessness. In most states a spouse isn't automatically responsible unless they let the drunk use their car. If the drunk takes the car without permission it will be a problem because insurance will say excluded driver, your car is wrecked etc, so wife needs to keep all keys safe and lock car at all times.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
