Legal Question in Personal Injury in California
Can a joint person be sued for an act of an individual?
My husban was in a car accident suffering no injuries to himself or the vehicles involved. However, since it was his fault, he is being sued by the plantiff. His insurance has offered a settlement but, the plantiff wants to go after his assets as well. Our home is filed as a homestead. We have a joint savings account and we are joint owners on one vehicle. I am not on the vehicle that he had the accident in nor am I on his auto insurance. Can they sue against joint property, or come after me? He is not working but receives SSI.
3 Answers from Attorneys
Re: Can a joint person be sued for an act of an individual?
Your husbands car insurance policy will pay for an attorney to represent you, as opposed to the attorney that represents the insurance company and is representing him. This is referred to cumis counsel. Discuss this with your husband's insurance company regarding your hiring cumis counsel.
Re: Can a joint person be sued for an act of an individual?
Your question should properly be put to an attorney who specializes in family law or better, creditor law. I do not know the exact answer. Your question concerns whether community assets can be used to satisfy a debt incurred by your husband during the course of a marriage.
You can contact your local county bar association to get a referral for this type of attorney.
Yours truly,
SAM M. EAGLE, ATTORNEY AT LAW, 10101 SLATER AVE #218, FOUNTAIN VALLEY, CA 92708
PHONE: 714) 963-5123 FAX: 714) 964-9993
WWW.FIRMS.FINDLAW.COM/EAGLELAW007
Re: Can a joint person be sued for an act of an individual?
Assuming the accident occurred in California, you probably will never be "sued" as a result of your husband's accident. However, if the plaintiff obtains a judgment against your husband, that judgment can be enforced by levying on your joint bank accounts, and other joint assets. Since California is a community property state, the plaintiff can garnish you wages, assuming the proper proceedures are followed.
That being said, if your husband is being represented by his insurance company, and has an attorney, the insurance company will likely be responsible for whatever damages the plaintiff sustained as a result of the accident up to your husband's policy limits.
Since it sounds like you already have an attorney working on this matter, you might consider discussing your concerns with that attorney. After all, that attorney probably has a better feel for what is likely to happen in your particular situation.