Legal Question in Personal Injury in California

Re: Liability to the family and DUI/Accident

Mr. Lynes is correct on all counts. With that said, the immediate answer to your question should be referred to Dr. Laura and the long term answer...divorce and property division.

Good luck.

Re: Liability to the family and DUI/Accident

If you own (or co-own) a vehicle that he is operating when he gets into an accident, you are liable to the limits of your insurance policy, provided it meets the state's minimum requirements. As for liability in excess of policy limits, you could possibly be pursued upon a theory of negligent entrustment -- typically those cases involve minors with a history of recklessness or ineptitude. Nonethesless, if you fail to take reasonable measures to prevent your husband from driving drunk, you may be liable. Whether those measures include taking the keys or otherwise making the vehicle unavailable, that depends on your circumstances.

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