Legal Question in Insurance Law in New Jersey

Spouse has auto accident - not on wife's policy

If a husband has an auto accident driving a car which is in his wife's name and he is not on her insurance policy, would the insurance pay damages to either or both cars involved in the accident?


Asked on 12/06/02, 9:40 am

2 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: Spouse has auto accident - not on wife's policy

yes

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Answered on 12/06/02, 10:48 am
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Spouse has auto accident - not on wife's policy

Essentially what you are asking is whethher or not the insurance company can disclaim coverage based upon the husband not being disclosed to the insurer as a driving member of the household. The answer is maybe. First, if the husband has his own car with insurance, that company pays, and this is a non-issue unless damages are excessive. If husband has no car of his own, the wife's insurer, will probably be forced to pay damages to the other vehicle if the husband is at fault, but might not be required to pay benefits to the husband or collision to the wife. Feel free to call me or e-mail me with additional information so I can better answer this. Who you believe to be at fault in the accident, and the nature of damages would be helpful information.

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Answered on 12/06/02, 11:57 am


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