Expert: Richard Hixenbaugh - 4/2/2011

Question
My fiance was involved in an auto accident, he died instantly. the other people involved all went to the hospital with minor injuries. I was an insured driver on his insurance policy and he was driving my car, which was totaled, at the time of the accident. I was not involved in the accident and i received a letter that i maybe sued for injury claims over the liability limits on his insurance policy. what is my liability to these claims, if any. I am no longer covered by his insurance policy and i have since bought my own for my new car. I live in New Jersey.

Answer
Hi Tonya,

I am very sorry for your loss.

The only way that you could have any liability is if your fiancee had a suspended or revoked license and you let him drive knowing that or if he was intoxicated or on drugs and you knew it and let him drive your car anyway. If none of those things happened then you have no liability.

However, I'm sure the other injured people have an attorney who is going to name anyone they can in a law suit to try to get any money that may be available. It is very important that you inform your insurance company at the time of all of this. Any phone calls or mail that ytou receive regarding this matter needs to be referred to your insurance company. Ask them for advice on how to proceed. If the amounts being asked for are greater than the amount of coverage you had at the time you may need to hire an attorney to protect your interests. Even though you have no liability, you need to protect yourself.

I hope this helps
Richard Hixenbaugh