Every day, car crashes happen, and sometimes the driver is someone close to us, like our spouse. If your spouse causes a car accident, you might be worried. You might also wonder, “Am I responsible for any damages or legal issues if my spouse is at fault?” This is a real question that has effects on the law and insurance.
Here, we’ll talk about the question of whether you can be blamed if your husband causes a car accident. We will talk about what the rules may say, how liability works, and what you should do if this happens to you.
Who is at fault in a car accident?
Liability means being legally responsible for the harm or damage you caused in an accident. If there is a car accident, this generally means who caused the accident and who will pay for the damages, like medical bills, repair costs, or money for pain and suffering.
The person who caused the crash is usually the driver who was at fault. What about a lover or close family member, though? That’s when the question gets trickier. This makes me worry about my own responsibility, the responsibility of others, and my insurance.
Will I be responsible for what my spouse does?
In most cases, the law in the United States does not immediately hold you responsible for what your partner does. This means that you usually aren’t responsible for your spouse’s car accident unless there are special situations that make you legally responsible. You can handle this problem better, though, if you know when and why you could be held responsible.
Vicarious Liability: Can your actions be used against you because your spouse did them?
In some cases, someone can be held legally responsible for the acts of another person. This is called “vicarious liability.” People often do this at work, where a boss can be held responsible for what an employee does while they are working for them. But family members usually are not held responsible for personal accidents like car accidents when someone else is at fault.
In most states, a spouse is not immediately responsible for what their partner does unless they directly caused the problem. For example, you might be partly responsible if you were in the car with your spouse and either gave them directions or helped them make a choice that led to the crash.
What is the “Family Purpose Doctrine”?
There is a rule of law in some places called the “Family Purpose Doctrine.” Usually, the partner who owns the car is the one who can be held responsible for damages if the other spouse causes an accident while driving a family car.
Take the case of your partner driving your car and causing an accident. If you are licensed to own the car, you might be responsible for the accident in some states. This is especially true if the car is used for family purposes.
When one spouse owns a car, they are responsible for making sure it is used safely. This is the idea behind this theory. If you let your husband drive the car and they cause an accident, you could be responsible for paying for the damage.
But not all states follow this doctrine, and how it is used depends on the rules in each area. Make sure you know the laws in your state so you can see if this theory can be used in your case.
Careless Entrustment
If you let your partner drive a car when they aren’t able to (because of an illness, a bad driving record, or a lack of experience), you could be found to have given them the car without proper care. This might make you partly responsible for the accident.
For instance, if your spouse has a past of drinking and driving or was drunk or high when they caused the accident, you could be held responsible for letting them drive your car. This is known as “negligent entrustment.”
You could be sued for careless entrustment if someone gets hurt because you let an unsafe driver use your car, and you might have to pay for some of the damage.
How much will my car insurance pay for the damage?
When your spouse is at fault in an accident, your car insurance policy will usually cover the most. Most of the time, your insurance should pay for the repairs if the other car in the accident is covered.
Insurance for liability
Liability insurance protects damage you cause to other people when you are at fault. It is required by law in most states. If your spouse causes an accident, your liability insurance should pay for the other driver’s medical bills, car repairs, and other costs that are connected. If your partner was allowed to drive the car and was at fault, however, your insurance policy as the owner of the car will pay for these costs.
Insurance for accidents
Collision insurance helps pay to fix your own car if it gets damaged in a crash, even if someone else was at fault. You might have to pay a deductible out of your own pocket if your spouse caused the accident, but your collision insurance might pay to fix or replace your car.
Full coverage insurance
Comprehensive insurance is an extra that you can choose to have. It covers damage to your car that wasn’t caused by an accident, like damage from theft, crime, or natural disasters. Comprehensive insurance usually doesn’t cover damage to your car caused by your partner in an accident, unless the damage was caused by something other than a crash.
Insurance with no fault
People who live in states with “no-fault” insurance pay for their own injuries and property loss, even if someone else was at fault. The goal of this method is to lower the number of lawsuits that happen after accidents. In a place where there is no fault, if your spouse causes an accident, your insurance would pay for your damages and their insurance would pay for theirs. That being said, you can still sue if your injuries are serious enough.
How can I keep my family and I safe?
If your husband has a car accident, you might not always be held legally or financially responsible. However, there are things you can do to keep yourself and your family safe.
Make sure you have enough insurance coverage
Making sure that your car insurance covers enough is one of the best ways to keep yourself from being sued. To protect your car and your money in case of an accident, you might want to get high liability amounts along with comprehensive and collision coverage.
Make sure you have the minimum insurance in a “no-fault” state to avoid potential fines. Also, it’s a good idea to have uninsured/underinsured motorist coverage, especially if you drive in an area where a lot of people don’t have insurance.
Stay in touch with your partner.
Being honest with your partner about how you drive can help keep you and your partner safe. Make sure that your partner knows about any possible dangers or dangerous driving habits that might lead to an accident. Encourage your partner to drive safely, and don’t let them drive when they are impaired or not fit to do so.
Legal Help
Talking to a lawyer is always a good idea if you’re not sure how much you might be responsible for if something goes wrong. Someone who specialises in family law or personal injury law can help you understand what the law says about your case and how to protect your rights.
What Takes Place After a Mishap?
If your husband does cause an accident, several things are likely to happen:
Making an Insurance Claim: You need to tell your car insurance company about the crash right away. They will look into what happened and decide how much news there is.
Finding Out Who Was At Fault: Insurance adjusters will look at the accident, gather proof, and decide who was at fault. The insurance company may try to figure out whether the accident happened because your partner was driving your car and was careless or negligent.
Legal Action: If someone is hurt, they may file a lawsuit. Most of the time, though, insurance companies handle the cash settlements.
Damages Paid: If your partner is found to be at fault, your insurance will pay for the damages up to the limits of your policy and any deductibles. If the damage is more than your insurance covers, you might have to pay the difference yourself.
In conclusion
You probably won’t be held personally responsible if your partner causes a car accident, but in some cases, like when you negligently entrust someone, or when the Family Purpose Doctrine applies, you could be sued or have to pay money. Knowing what your insurance covers and being honest with your husband about how to drive safely can help lower the chances of getting into a situation like this.
In the end, making sure you have enough insurance, that your spouse drives safely, and that you know the rules in your state can keep you from having to pay a lot of money for an accident your spouse caused.