Can my wife be sued for my accident if it happened with her car and our insurance?

I was in an auto crash 10 months ago caused by a seizure. I do not have any history and was not driving against doctor’s orders. Our insurance paid 25k of property damage and they are talking about suing my wife for the other 75k. Can they sue her since it was her car and insurance? Shouldn’t they sue me? What do they have the right to do? It was me driving but her car, her insurance with my name on it also. I own nothing. Can they just sue me and I file for bankruptcy?

Asked on November 7, 2011 under Accident Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, both the at-fault driver and the owner of the car--assuming she gave persmission for the car to be used by the driver (i.e. it was not stolen)--can be sued. The driver is responsible for his actions in causing the accident; the owner is responsible for having given permission to use the vehicle to the one who caused the accident.

You should retain an attorney to represent you, if you have not done so already. You might have a defense to liability, if you were not at fault--i.e. if there was no reason to suspect you'd have a seizure, you may have done nothing either intentionally or negligently (carelessly) wrong in driving. Without fault, there is generally no liability.  You could also discuss options, such as bankruptcy, with the attorney.  Good luck.

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