my wife is sued for an auto accident, can they take my house?

[RINY]

What is the name of your state? New york

My wife is being sued for an car accident about 3 years ago. The injured party is asking a lot of money, way beyond her liability insurance limit. It seems it's going to court. In case that the judgement is made against her and the party was awarded an amount beyond her insurance limit, she would have to pay the excess, right?But since she does not have enough money to pay the party, and the only thing we have is our home, which is soley in my name, does anyone know if they can take my house too?

Thanks!

 

[HomeGuru]

What is the name of your state? New york

My wife is being sued for an car accident about 3 years ago. The injured party is asking a lot of money, way beyond her liability insurance limit. It seems it's going to court. In case that the judgement is made against her and the party was awarded an amount beyond her insurance limit, she would have to pay the excess, right?But since she does not have enough money to pay the party, and the only thing we have is our home, which is soley in my name, does anyone know if they can take my house too?

Thanks!

**A: was title to the vehicle and insurance also in your name and are you also named as Plaintiff in the lawsuit?

 

[I AM ALWAYS LIABLE]

Re: Re: my wife is sued for an auto accident, can they take my house?

**A: was title to the vehicle and insurance also in your name and are you also named as Plaintiff in the lawsuit?

My response:

Homie, I think you meant to say, "Defendant" - - " . . . are you also named as Defendant in the lawsuit?"

IAAL

 

[HomeGuru]

Hahaha, what the heck was I thinking? Liable, that was a good one. Serves me right for staying out so late at the party house and waking up early.

 

[RINY]

The vehicle was in my wife's name, and I have not been named as a defendant in the case. As with the insurance, I am not so sure. Because it was my wife's car and she was the one who drove it most of the time, I believe the insurance for the vehicle is also title to her. But we might have had made it so that she was the major driver (80%) and attached me as a minor driver (20%) for that vehicle. Does it make a difference?

 

[I AM ALWAYS LIABLE]

My response:

Being named on an insurance policy DOES NOT make you liable for the negligence of your wife. Therefore, and since she's not named on your home, and since you're not a named owner of the vehicle, and that you're not negligent yourself, the Plaintiff can't touch your home.

However, this should nonetheless be a wake up call to you and wifey-poo to obtain a better policy with MUCH higher limits of liability.

IAAL