What to expect???

My ex-wife (we were separated 2/2004) was involved in a minor wreck in a van that was still in my name. The wreck occurred 12/2005. The insurance was still in my name. The separation papers dated 2/2004 state that the van was her responsibility and shall hold husband harmless. I was served with court papers 12/2008. What is my recourse?

Will I be liable for whatever the judgment is minus what my insurance coverage is? Or what.

Thanks a lot, Cricket

Answer

Hello Cricket,

This is a difficult issue. It depends on your state law. You said you are separated and speak of papers, but make no mention of a divorce. There could be a legal separation without a divorce. This issue can change the entire outcome. Also, the fact that it is your van and the insurance is also in your name, then you are the owner for all legal purposes (meaning this could be your liability). Some states will have community property agreements where you can distance yourself from liability all together.

There also might be issues of coverage (your ex-wife might not have any insurable interest in your car, which would render the policy void against her).

Regardless of whether the insurance company pays or not, you might be responsible for coverage on the judgment. At this point, you really need an attorney to protect your interest.

Good Luck