Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me
personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.
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A: If the car was not owned by you and you did not give your late husband permission to operate the vehicle, I see no basis for liability against you personally for this crash. If you are sued, and the auto liability insurance company does not provide a defense to you, you can retain your own private attorney and have that attorney immediately move to dismiss the case against you. However, you may be sued in a representative capacity on his behalf if you are the executor of your late husband's estate. You still do not bear any personal responsibility for this accident unless you were the owner of the vehicle, and even in that situation, only vicariously responsible for his actions. In the latter example, the auto liability carrier will assign counsel to represent you.
A: First, please let me offer my condelances on your loss. I realize that this makes it much more difficult to handle these "legal" matters associated with your husband's passing. You will need likely to need to consider how to protect yourself. Your question deals with a claim agaisnt your husband for the accident. If your husband had insurance, then the insurance carrier is required to defend you. However, if the claim is for more than the limits of the policy, espeically if you had miminal coverage, then you need to speak with an attorney about protecting your assets. Also, if there is an Estate with assets that could be subject to a claim by the victim of the accident. So, there is a lot to consider, most of which might not be relevant in your matter. You should speak with an attorney to discuss these issues. However, it is true that if there is a lawsuit filed and served upon you and/or your husband's estate, then it is very likely your husband and/or your insurance company will defend it for you and provide many answers to your question. I wish you the very best as you `work through this tough time.
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