If a spouse has an accident and the damages exceed the insurance policy, can the other spouse be held liable in a lawsuit?

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If a spouse has an accident and the damages exceed the insurance policy, can the other spouse be held liable in a lawsuit?

They did not cause the accident.

Asked on June 14, 2012 under Accident Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If one's spouse is in an automobile accident where the damages of the other party injured in the mishap exceed the amount of the spouse's policy, then both spouses' assets can be at risk for any excess damages over and above the amount of the insurance policy of the car involved in the accident.

Potentially the other spouse could be held liable for the accident is that spouse knew that his or her spouse should not have been driving the vehicle the day the accident happened.


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