am I liable if my wife is drinking and driving and has accident

if I remove my wife from my insurance can I be sued if she has an
accident while drinking and driving

Asked on July 14, 2018 under Accident Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

if you are on the title to the car tht she drives, then yes you would bear liability for any accidents that she may have. If you are not on the title, assuming that it is in her name, then only she will bear legal responsibility for an accident. That having been said, if she is sued and a judgment is obtained, then any of her creditors could try and ieize or attach any of your jointly held assets.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you own the vehicle (or co-own it, are on the title, etc.) then you would be liable: an owner of a vehicle is liable when a co-owner or other person whom they let drive the car is at fault in an accident. If the vehicle is owned *only* by her, you would not be personally liable; of course, since she would be liable, anything the two of you jointly own (money in a joint bank account; jointly owned property; etc.) is something that a person suing her could reach or get, at least to the extent of her ownership or share of the asset.

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