Legal Question in Personal Injury in New York
I was not the owner, but was included in the insurance policy for a car involved
My wife was involved in a car accident a few years back. The car involved was in her name, but I was included in the insurance policy as an occasional driver, 20%, for that car. The injured party is suing my wife for way beyond the insurance limit of liability. Our insurance company advised us that she will have to pay any excess.
At this point, I am not named as defendant, only my wife. But my wife doesn't have much money in the bank and has no assets in her name. We own a house, but the title of the house is solely in my name. Since my wife might not be able to pay the judgement, can the plantiff then turn and sue me after failing to collect money from my wife, based on the fact that I was also included in the policy? Does he have any standing to do that, even though I was not the owner and not involved in the accident physically?
Thank you.
4 Answers from Attorneys
Re: I was not the owner, but was included in the insurance policy for a car invo
Usually only the owner and driver get sued. It is this status, not who is insured, that gets you named in a suit.
The insurance company is obligated by law to send you an "excess letter" becasue their coverage only extneds to the limits of the policy, not the amount sued for. It probably also advises you to seek you own counsel for that amount.
Whule there is no cause for alarm, certainly you should have concern about the excess.
Feel free to contact me by e-mail or all me at 212-764-5428 with any with any questions.
Good Luck
RRG
Re: I was not the owner, but was included in the insurance policy for a car invo
Assuming you had no liability, and no ownership interest in the car, you have no exposure. Incidentally, its rare except in cases of the most serious injuries where a plaintiff will not settle for or below the policy limits.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699
Re: I was not the owner, but was included in the insurance policy for a car invo
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Re: I was not the owner, but was included in the insurance policy for a car invo
If you are not named as a defendant in the case, no judgment can be rendered against you or your property. While it is true that insurance companies routinely send out form "excess liability" letters advising that the insured is responsible for any judgment above the insurance coverage, it is generally a good idea for the insured to have an independent attorney protecting his or her personal interests. This generally involves monitoring the lawsuit and making sure that the insurance company appointed defense firm does its job. Our law firm handles such matters (please see our web site) and you and your wife can call our office to arrange for an appointment at (212) 267-7000
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