Legal Question in Family Law in New Jersey
Although we share joint custody of our daughter, my ex-husband is the custodial parent and she resides with him. This January she will be getting (hopefully) her driver's license. My ex-husband has asked me to add my daughter to my automobile insurance policy. He claims that his insurance is through his wife and he cannot add our daughter to her policy. If I do this and my daughter gets into an auto accident where she is at fault and the liability/loss is greater than the insurance policy limits, will my personal assets be at risk?
1 Answer from Attorneys
Liability is not based on the owner of the insurance. The driver and possibly the owner of the car are liable to suit. Proving the liability of the owner requires more than the negligence of the driver. If the owner is not in the car and had no reasonable basis for anticipating that the driver might be subject to an accident, due to intoxication known to the owner or the driver's history of bad driving, the claim will lie against the driver whose driving will be covered by car insurance up to the limits of liability of
the insurance policy.