my fiance was killed in wreck

UPDATED: Jun 11, 2009

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my fiance was killed in wreck

he was at fault crossed center line. i am listed on title of vehicle also and insurance policy has both of us on policy listed as married. can other party sue me for bodily injurys if exceeds policy? we live in kansas a common law state.

Asked on June 11, 2009 under Accident Law, Kansas


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am terribly sorry for your loss.  Kansas is a no-fault auto insurance state, so the party hit by your fiance should have his own insurance to cover his losses, but if he was seriously injured in the accident, he can make a claim on your policy as well, and, yes, potentially sue you.  I'm a little concerned about the fact that your policy lists you and your fiance as married.  There is a possibility that if the insurance company finds out you were not married, i.e., that you gave them misinformation, they could deny coverage for a claim made against your policy.  You might want to talk to your agent about it just to make sure you won't have a problem here.  If they deny coverage, you could be faced with paying out-of-pocket for damages and attorney's fees if the other party decides to sue.

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