Is it My Responsibility If My Spouse Causes a Car Accident?
Under some circumstances, you could be liable if your spouse causes a car accident. This most commonly occurs when the spouses are both on the car title or the vehicle belongs to the other spouse. Florida holds both the at-fault driver and car owner accountable for damages in car accident cases. You could also lose joint assets if your spouse loses a lawsuit in civil court.
If you have questions about recovering compensation after a crash in Florida, our team is here for you. When you want knowledgeable, experienced representation after a crash, consider the Law Offices of Wolf & Pravato. Call (954) 633-8270 today for a free initial consultation.
You Could Be Liable for a Car Accident Caused by Your Spouse in Florida
Here are two possible outcomes if your spouse causes a crash and faces a lawsuit in Florida:
- You could be vicariously liable as the car owner.
- You could lose joint assets.
Just because the other party accuses your spouse of causing the accident doesn’t mean it’s true. When you hire a lawyer, they can protect you from liability and potentially seek compensation from the accused party’s insurer.
The Car Owner Is Often Vicariously Liable
When someone suffers severe injuries in a Florida car accident, they could sue both the at-fault driver and the vehicle owner. Sometimes, this includes spouses who share a vehicle or drive one another’s vehicles. When this occurs, both partners could share liability, and both owe if they lose the case.
Losing Marital Assets Because of a Lawsuit
Even if your spouse crashes a car that is only in their name, you could pay the price with your marital assets. Florida considers most assets and debts gained after marriage as joint marital property. This means it belongs to both partners.
If the crash victim sues and wins the case, the court could seize some of this property, force you to sell it, garnish wages, or take other action to ensure the judgment against your spouse gets paid.
A good defense against this is to ensure you have adequate liability insurance. If you already face this scenario, some actions could protect your assets. A Florida accident attorney from our team can offer advice and guidance.
The Other Party Could File a Claim With Their Own Insurance Providers
In a recent year, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 248,724 injuries in 390,700 car accidents. While we do not have statistics for the severity of these crashes, most were likely relatively minor. When this occurs, the involved party’s insurer could pay for their losses. This means they might not even turn to your insurance for compensation.
Under Florida law, drivers must carry no-fault insurance. This personal injury protection (PIP) policy covers medical care and a portion of the income losses up to the policy maximum. This is the most common way crash victims recover compensation, and this process does not require proving fault.
So, what does this mean for you? Even if your spouse caused the collision, the other party might not sue. They might instead file a claim with their own insurer to recover damages. This means the question of whether you’re vicariously liable for an accident might not even apply.
What Is the Role of a Car Accident Attorney in a Florida Crash Case?
Miami Car accident lawyers generally help victims understand and protect their rights after a crash. They manage their insurance claims and/or lawsuits, handle negotiations with the insurer, and pursue fair compensation.
The attorney and their team can determine the best options for compensation based on the circumstances of the crash. This could include trying to hold the driver, the car’s owner, or other parties liable in a civil lawsuit.
The Fort Lauderdale car accident lawyer handles all aspects of the case, letting the victim focus on healing from their injuries. Experienced, knowledgeable attorneys, like those from our team, understand the evidence used to document what happened and who is legally responsible for Florida traffic accidents.
Our Lawyers Can Seek Financial Recovery
Our team is committed to seeking financial recovery for your injury-related expenses. Recoverable damages include:
- Medical bills, including surgeries and medications
- Pain and suffering and inconvenience
- The cost of replacing or repairing your vehicle
- Lost income and other revenue streams, such as commissions
- Disability
- Scarring and disfigurement
- Wrongful death-related expenses (if you lost a loved one)
Discuss How Car Accident Claimants Work With Our Team for Free
The Law Offices of Wolf & Pravato provides free car accident consultations for those hurt in Florida crashes. We can build a case against the at-fault party, itemize your losses, and seek what you need.
Contact or call us at (954) 633-8270 to connect with our team today. We offer no-obligation case reviews. We also charge nothing upfront for our legal representation.
