DWI and divorce

[kriseden]

What is the name of your state (only U.S. law)? Florida

My husband got into a drunk driving accident a week ago. He hit another car and there were some injuries. I just got a call from the insurance company that the injured party is suing us.

If I divorce him will me assets be protected against this suit, or does it not matter since we were married at the time of the accident? Thank you.

 

[seniorjudge]

Hiding assets at this point will do you no good.

 

[BigMistakeFl]

What's your insurance situation like? Do you have excess liability, an umbrella policy? They are most likely after the policy limits, depending on how high those are and how bad the injuries sustained.

 

[kriseden]

Not trying to hide anything, just want to protect what is mine if possible. Been thinking of divorce for a while, this would just help make my decision.

We have no other insurance, no money, very little assets. I just do not want to lose what little I do have, or the very little my kids have.

 

[MagicMan08]

I would say you are an evil woman, but it sounds like he brought this upon himself. Hope you both had good insurance.....I mean if they were severe injuries....I would be more concerned than non-life threatening....especially if they don't settle

Otherwise just file bankruptcy....they can't take money you don't have...thats what sucks about getting into a severe accident with some poor dude who is uninsured....what are you gunna do....take his shoes

 

[BigMistakeFl]

No no, I'm trying to tell you how it is that many, if not most, personal injury lawsuits go down. They'll name you and the insurance company and anyone else they can think of. Eventually, they will be after the policy limits. Your insurance company will try to negotiate a lower settlement. Push will come to shove, time will go by, and it is possible that you all will not lose a thing, other than your deductible and having to seek out new insurance coverage when yours is cancelled. I'm not saying it's impossible to get your butts handed to you, but the easiest pockets the plaintiffs can reach into are those on the trousers of your insurance carrier.