Spouse Liability In Fatal Accident

[ldp4123]

Spouse Liability After Fatal Accident

What is the name of your state? TX

My husband was an excluded driver on my insurance policy due to his bad driving record. While my children and I were out of state my husband took my car without my authority. He was involved in a headon collision and was killed instantly. The truck driver was hurt but was treated and released from the hospital the next morning.

Although I had insurance, my insuance company would not pay any claims due to the exclusion clause. Now the insurance company is coming after me personally to pay the truck drivers workmens' comp and for damage to the truck.

My husband has no estate.

Is the insurance company legal in coming after me? Can they sue me personally for my husbands negligence?

 

[stephenk]

Who's insurance company is coming after you? Your carrier or the carrier for the truck driver?

 

[I AM ALWAYS LIABLE]

What is the name of your state? TX

My husband was an excluded driver on my insurance policy due to his bad driving record. While my children and I were out of state my husband took my car without my authority. He was involved in a headon collision and was killed instantly. The truck driver was hurt but was treated and released from the hospital the next morning.

Although I had insurance, my insuance company would not pay any claims due to the exclusion clause. Now the insurance company is coming after me personally to pay the truck drivers workmens' comp and for damage to the truck.

My husband has no estate.

Is the insurance company legal in coming after me? Can they sue me personally for my husbands negligence?

My response:

Yes, they can sue you for his and your negligence. You see, you knew that your husband was not supposed to be driving - - yet, you left the keys available. It's that "availability" that's getting you in trouble.

IAAL

 

[stephenk]

Nailed it on the head.

 

[ldp4123]

Who's insurance company is coming after you? Your carrier or the carrier for the truck driver?

the truck drivers insurance company.

I found this in the Texas Statues " 3.201. SPOUSAL LIABILITY
" a) a person is personally liable for the acts of the person's spouse only if:
(1) the spouse acts as an agent for the person; or
(2) the spuse incurs a debt for necessaries as provided bu Subchapert F, chapter 2.
b) Except as provided by this subchapter, community property is not subject to a liability that arises from an act of the spouse.
(c) A spouse does not act as an agent for the other spouse solely because of the marriage relationship"

Doesn't this cover me?