Waldorf, MD asked in DUI / DWI and Car Accidents for Maryland

Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

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2 Lawyer Answers
Eric Todd Kirk
Eric Todd Kirk
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some argument, but it is a long shot at best. The best thing to do is to give your insurance company any suit papers and make sure you fully cooperate with them.

Tim Akpinar agrees with this answer

Mark Oakley
Mark Oakley
Answered
  • Personal Injury Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: "Could" you be sued? That's not really the correct question. Are you liable for your husband's accident? The answer is almost certainly "no" regardless of whether a plaintiff's lawyer tries to drag you into the suit in hopes of reaching jointly titled real property that would otherwise be untouchable to pay a judgment. And that assumes a judgment is obtained that exceeds the liability limits of your husband's auto policy and any umbrella coverage. Even if your name was on the vehicle title, it is a rare set of facts for one car owner to be liable for the negligence of the other joint owner or even someone else driving their car. You would have to have exercised some authority or control over both the vehicle and the driver on the occasion of the accident, or sent him out the door on an errand for you to even make a colorable claim.

Tim Akpinar agrees with this answer

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