Q: Had accident in dump truck I own 4 months after divorce filed is X entitled to any money I receive because of accident
A:
This answer is based on Indiana Law.
If you are asking whether your ex spouse is entitled to any money for the damage to the dump truck, that depends. If her name is on the title then yes the spouse would be entitled to funds commensurate with the spouse's ownership interest in the truck. If the spouse's name is not on the tile, but the divorce decree addresses an ownership interest in that spouse in the truck, then yes the spouse would be entitled to funds commensurate with the spouses ownership interest granted in the divorce. If the spouse had no ownership interest in the truck, that spouse would reeive no compensation for the damage to the truck.
Charles Candiano agrees with this answer
A:
This answer is based on Indiana Law.
If you are asking about compensation for you medical bills, lost wages, permanent injury and pain and suffering, and the divorce is final, the answer is no, you ex spouse is not entitled to any compensation. If your divorce is not final, there is good Indiana Law which holds that the other spose is not entitled to any of the damages. However, this can be a fact sensitive issue. I encourage you to have a frank discussion with both your Divorce lawyer and you personal injury lawyer to formulate a plan to best protect your interests. I would be happy to discuss this matter if you have not yet retained a lawyer to represent you in the personal injury claim.
Charles Candiano agrees with this answer
A: I do NOT know Family Law and my answer is entirely from the perspective of a personal injury attorney who has dealt with these situations. Given that you were NOT divorced at the time of the accident, the other spouse had a potential loss of consortium claim (whether or not pleaded). MANY insurance companies will insist that any check be written to BOTH spouses unless there is a Court Order or an agreement executed by BOTH spouses as to the distribution. If there is any entitlement by the ex (and there may not be), I would have counseled you that it is safest to have an agreement, early on. Divorce usually escalates emotion and any sense of fairness often "goes out the window" as it is replaced by the desire for revenge.
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.
