Legal Question in Personal Injury in California

Spousal liability for litigation against other spouse.

My wife is pleading guilty to a DUI with Great Bodily Injury. Both victims have retained attorneys and plan to sue. My wife was the primary driver of the car she was driving when the accident occured and both of us were on the title. Am I liable for my wifes negligence and can my income and assets be targeted by the plaintiffs?


Asked on 2/01/04, 10:53 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Spousal liability for litigation against other spouse.

Yes, they can and will go after you in the suit. However, as the registered owner, and not driving, you are liable only for $15,000 max, so your insurance should cover that. UNLESS, you were in the car and let her drive drunk, then a claim might be made that you participated negligently by doing so. If you are insured, they will provide the defense; if not, hire an attorney quickly. Contact me if interested.

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Answered on 2/04/04, 12:57 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Spousal liability for litigation against other spouse.

Short answer is probably yes. If insurance, they will defend and provide attorney. One way or another you NEED an attorney.

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Answered on 2/04/04, 4:11 pm


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