Legal Question in Personal Injury in California
Wife's liablity to husbands accident at work
My husband was was driving his personal vehicle at work and one of his coworkers fell out of the back of the truck, which is registered to both of us. There is a chance that the person could sue him as well as get the workmans comp. My question is, I owned a house before we married, the house is still only in my name. If there is a lawsuit, is my house at risk. Also are my own personal accounts in my name alone at risk. If so is there anything I can do to protect them?
2 Answers from Attorneys
Re: Wife's liablity to husbands accident at work
Your question is coming in under the category of PI and tort law but it is really a family law and community property question. I do PI--not family law. But, generally, if you have kept your house and accounts in your name only and separate from other community assets, they would be protected in litigation. If there are any exceptions, I don't know of any. You need to speak with a family law specialist. Report the accident to your insurance company and if your husband is found to be at fault, your ins. co. will try to settle the case within your policy limits. Speaking of that, you should have a minimun of $100,000 per person for your liability limit and an equal amount for uninsured motorist coverage.
Re: Wife's liablity to husbands accident at work
Hopefully you and your husband had insurance. If not and you co-owned the vehicle, yes, they can go back after your community assetts and separate assetts if not enough money to pay judgment.