Legal Question in Personal Injury in California

Assuming your husband is complying with the law by having auto insurance, he would have a free lawyer to defend any lawsuit, and neither of you would be personally liable unless the accident was sufficiently severe that the damages exceed the coverage limits. In other words have enough auto insurance to insure your net worth.

Respectfully, I disagree with Mr. Stone. You CAN get sued, because your marital estate is responsible for any debts that may be incurred by either partner. BUT, before you get to the point where there is any joint liability for debts, there has to be a judgment against one of the spouses in excess of the limits of liability of your automobile liability policy, or there have to be some other considerations manifest. . . such as joint ownership of the automobile by you and hubby and a pattern of previous reckless driving by him that would make it unwise to entrust him with use of the automobile. The most common routine is that which Mr. Stone comments upon: there is adequate insurance to cover the injuries sustained by the victim of the driver's negligence or the owner's malfeasance in entrusting the car to a bad driver. But, insurance only covers the claim against the insured UP TO the amount of coverage. Beyond that, your marital estate may be liable. i.e.: if the auto insurance policy is for the basic limits of $15,000, and there is an injury which results in the death of a wage earner, the verdict may be for millions, for which the insurance company only pays the first $15,000. If the verdict after trial against hubby is one million, you and hubby may be responsible for payment of the balance of $985,000, which judgment may be collected from you for as many as the next 10 years. Best to buy a large policy of automobile insurance rather than the minimal amounts required by law. The difference in price is negligible, but the peace of mind it provides is priceless. And, I say that as a lawyer who sues the insurance companies.