do I have to review car insurance for ex's rental car?

[RyanLiu_99]

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

We both filed for divorce and separated 8 month ago, divorce case is still pending.

She drove a new car, which is under my name. I am driving an old car under her name. I continue pay car loan for new car and insurance for both cars.

In temporary court order, it only mentions about supports and child custody, does not mention anything related to car or car insurance or car loan. And I am paying full amount of supports to her on time.

Recently, she got into an accident and car is total lost. (Nobody is hurt at all). Shen rents a car, covered by our insurance. She also called insurance company to increase coverage after the accident.

The insurance will expire in a week. So I think when I renew the insurance, I only need renew old car I am driving. New car does not exist anymore, so I am not going to renew it. Also of course she is not going to drive old car, I will also remove her as driver from policy. That can save lots of money. You know, insurance if much cheaper for old car.

Divorce is pending. Just try to confirm everything I plan to do is totally legal. She want I continue buy insurance for not-existing new car to cover her rental car.

I want to clarify I don't change anything (while she did). The current policy expires naturally in about one week.

Thanks a lot!

 

[Ohiogal]

You need to make sure that the rental car is insured or you could find yourself in hot water if something happens to it.

 

[mistoffolees]

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

We both filed for divorce and separated 8 month ago, divorce case is still pending.

She drove a new car, which is under my name. I am driving an old car under her name. I continue pay car loan for new car and insurance for both cars.

In temporary court order, it only mentions about supports and child custody, does not mention anything related to car or car insurance or car loan. And I am paying full amount of supports to her on time.

Recently, she got into an accident and car is total lost. (Nobody is hurt at all). Shen rents a car, covered by our insurance. She also called insurance company to increase coverage after the accident.

The insurance will expire in a week. So I think when I renew the insurance, I only need renew old car I am driving. New car does not exist anymore, so I am not going to renew it. Also of course she is not going to drive old car, I will also remove her as driver from policy. That can save lots of money. You know, insurance if much cheaper for old car.

Divorce is pending. Just try to confirm everything I plan to do is totally legal. She want I continue buy insurance for not-existing new car to cover her rental car.

I want to clarify I don't change anything (while she did). The current policy expires naturally in about one week.

Thanks a lot!

Probably a bad idea for 2 reasons:

1. Your temporary orders probably have something about canceling or failing to renew insurance. If you fail to renew her insurance and leave her without insurance, you could be violating the court order.

2. Since you're still married, if she has another accident, you could be liable.

 

[RyanLiu_99]

Thanks, Mistoffolees and Ohiogal.

One more general question about:
"Since you're still married, if she has another accident, you could be liable."

We both agree the date of separation is in 2011. Even divorce is pending, I am not liable for anything she does, right?

For example, I should not be required to buy insurance for the next car she is going to buy, right?

The insurance company is going to pay me for the lost car, I don't need give her all the money, right? I am thinking give her half of (insurance payment + cash value of old car I am driving). Is that fair and legal?

Thanks,

 

[Ohiogal]

Thanks, Mistoffolees and Ohiogal.

One more general question about:
"Since you're still married, if she has another accident, you could be liable."

We both agree the date of separation is in 2011. Even divorce is pending, I am not liable for anything she does, right?

For example, I should not be required to buy insurance for the next car she is going to buy, right?

The insurance company is going to pay me for the lost car, I don't need give her all the money, right? I am thinking give her half of (insurance payment + cash value of old car I am driving). Is that fair and legal?

Thanks,

Wrong. Wrong. Wrong. You can be held liable because she is married to you. Do you have an ORDER OF LEGAL SEPARATION that says you are no longer responsible for anything she does. If not, you are risking a lot.

The car was marital property. Hence, the insurance proceeds are MARITAL property. She doesn't necessarily get ALL the money but it would be smarter to put the money in escrow if there is some left after paying off the loan on the totalled car.