Legal Question in Personal Injury in Oklahoma

I'm being sued

I borrowed my vehicle and it was involved in an bad accident in another state, I'm being sued!! the vehicle was bought before i was married and i finished paying for it myself while i was married. Also the ins policy was only under my name w/my wife as being an insured driver. can my wife be held responsible for anything and if so for what? if the Ins settles with the other party for more than my policy allows, can the Ins file against me or my wife.


Asked on 2/23/04, 8:01 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: I'm being sued

I am confused about how you borrowed a vehicle owned by you. However, for the purpose of this question I will assume that (i) neither you nor your wife was the driver of the vehicle (or any vehicle for that matter) that was involved in the accident, (ii) and that the accident occurred before your bought the vehicle.

Only you, your wife and a temporary authorized driver are covered under your liability policy. Unless you had some exotic endorsements, no prior owners or operators would be covered under your liability policy, and there would be no coverage under the policy for accidents that occurred beofe issuance of the policy.

If you are saying that your wife was the driver involved in the accident before you acquired the vehicle and liability policy, I see no way that you could be liable. However, in such case your wife might be liable. She should check to see if there was other liability coverage on the vehicle when she was driving. If she was an authorized driver, then she should be covered under the other policy.

Ordinarily your liability insurance carrier will have the obligation to defend you and pay any liability up to the amount of the insurance. Even if the liability carrier should elect to pay its policy limits, it still will have the duty to defend you, but damages exceeding the amount of coverage will be your problem. The liability carrier cannot sue its own insured to recover what in pays out in a liability claim.

Remember that your liability carrier has no duty regarding accidents that occurred before you acquired the policy. However, if suit has been threatened, you still should notify your insurance carrier.

There may be exceptions to the general rules that I have set out above, depending on whether there are special endorsements, etc.

Because I may have completely misunderstood your question, my answer may not be at all relevant to your intended question.

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Answered on 2/23/04, 8:33 pm


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