Q: Not divorced yet but wife wrecked car in DUI. Vehicle is in my name but I don’t want to report it to insurance she does

A: In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages or injuries caused by the accident. This liability can extend even if you were not directly involved in the incident.

Reporting the accident to your insurance company is generally advisable. While there may be concerns about increased premiums or other consequences, insurance policies typically require prompt reporting of any accidents. Failing to report could result in a denial of coverage, leaving you personally responsible for financial liabilities arising from the accident.

However, given the complexities, including the DUI aspect and marital dynamics, consulting with a legal professional is crucial. An attorney can provide tailored advice based on the specifics of your case, including potential liability, insurance implications, and any possible legal ramifications stemming from your spouse's DUI.

Remember, each case has unique aspects, and the best course of action can only be determined by thoroughly examining all relevant details. It's also important to act promptly, as delays can complicate the situation further.

A: Whether she reports the damage to the insurance company isn't really up to you. She was driving with permission, as such she is an insured under the policy. The premiums for that policy presumably come from community property funds. The payments for the car presumably come from community property funds. She presumably has an ownership interest in the vehicle under community property laws. Your desire to have her pay for all damage out of her own pocket seems punitive.

A: Financially, if the vehicle is in your name, you're responsible for repairs or replacement after a DUI-related accident. Reporting it to insurance may cover the damage, but your premium might increase. Your wife could face fines and license suspension, impacting joint finances. Legally, she'll face criminal charges, potentially involving jail time, probation, and community service. While you may testify, you're not criminally responsible. The DUI could affect divorce proceedings, influencing child custody, spousal support, or asset division. Seek a family law attorney specializing in DUIs for guidance. Open communication with your wife about the situation is vital, considering both financial and legal implications. Prioritize her safety by encouraging responsibility and compliance with court orders.