Legal Question in Personal Injury in New York
My Husband's Car Accident
My husband was in a car accident in july of 2003 involving a livery cab. My husband was in a famioy van and the livery driver was in a small vehicle. My husband was able to walk away from the accident. The livery driver was not wearing a seat belt an suffered injuries. Last week we received a summons stating that he is suing us for 3 million dollars for his injuries and because he is unable to return to work. His wife is suing us because he is unable to perform his husbandly duties.We do not know the extent of his injuries and this is the first time we hear anything after the accident., i co-own a 2 famiy house with my mother. If sued, am i also responsible for my husband' debts? Can my assets be liquidated to satisfy the debt if he is sued?
3 Answers from Attorneys
Re: My Husband's Car Accident
If you are not the owner of the car you are not responsible.
Re: My Husband's Car Accident
Okay..stop worrying.
There is cause for some concern, but not worry. It is highly unlikely that a verdict from such limited injuries will approach that level. But you must immediately,as soon as you can, without delay, right now, send a copy of the summons and complaint to your insurance comapny and/or broker. Failure to do so might jeoparidize your coverage.
After you do, you will get an "excess" letter..saying that you are being sued beyond the limits of your policy. If you have any questions at that point, feel free to contact me either at [email protected] or at 212-764-5428.
Good Luck.
RRG
Re: My Husband's Car Accident
Although you are not responsible for your husband's acts, he would be responsible for any judgment above the insurance coverage. Keeping in mind that an insurance company has little concern for you and will only be concerned with its own interests, it may take risks which expose your husband to liability. For example, if the insurance is limited to $25,000 and that is how much the taxi driver wants to settle the case, the insurance Company may say "Well since we would lose $25,000 anyway, let's go to trial to try to defeat the case". Now if a jury gives a verdict of $50,000 to the taxi driver, your husband would be obligated to pay the difference because his insurance Company stubbornly refused to settle.
To prevent this from happening, it is best to have a private attorney (not the one selected by the insurance company) review the facts and circumstances of your case and advise you accordingly. Our firm handles such matters and if you wish to arrange for a consultation you may call us at 212 267-7000.