Legal Question in Personal Injury in Florida

can husband lose his assets?

My husband is going to allow his 22 year old granddaughter to borrow his car for several days. If she has an accident, is he responsibile for all damages that could occur including death of another? Can he be sued for all his assets including his home and bank accounts? He has car insurance and she does too. As his wife, I am not included in any of his properties or assets, as I have my own. I am very concerned about him, as he is in his 80's and should now the consequences if he lets her drive the car.


Asked on 10/09/07, 8:02 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: can husband lose his assets?

The owner is responsbile for the actions of anyone driving with his permission.

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Answered on 10/09/07, 8:27 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: can husband lose his assets?

Yes, he is liable -- but there are limitations on the liability depending on the insurance that he carries and she carries. They can't take his home or property owned jointly with you, his wife. It is hard to collect money from people in Florida -- that's why the Enron guys built big houses here and why O.J. Simpson lives here.

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Answered on 10/09/07, 8:29 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: can husband lose his assets?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, the owner of the car is responsible for anyone who drives his or her car with permission. Certain assets are protected including his residence if it is his homestead, any retirement accounts, IRA's, etc. Joint assets are subject to possible freezing and attachment if they can be divisible. Keep in mind that most parties will be content to obtain the value of insurance policies unless there is extremely serious injuries and/or damages.

Scott R. Jay, Esq.

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Answered on 10/10/07, 12:21 am


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