can a spouse be responsible for an accident if the car and insurance is in the other spouse’s name?

UPDATED: Sep 30, 2022

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can a spouse be responsible for an accident if the car and insurance is in the other spouse’s name?

My daughter’s husband has a car that is only in his name and is only insured by him not my daughter. He lent the car to someone who got into an accident with a motorcyclist. Is my daughter liable for any claims the motorcyclist puts through?

Asked on April 6, 2017 under Accident Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless your daughter lives in a community property state, she will not be personally liable for any claims resulting from this accident. That having been said, since her husband can be held liable, to the extent that they have jointly held assets (i.e. bank accounts, real estate, etc.), they could be at risk.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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