What can w do if I was in an auto accident in my husband’s car but at the time I was not on his insurance and now we are being sued?

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What can w do if I was in an auto accident in my husband’s car but at the time I was not on his insurance and now we are being sued?

I did have his permission and was over the age of 25. This is the reason that the insurance company is saying they won’t cover his car. Now we are being sued by the insurance of the lady that I hit. This also should have been covered by the full coverage insurance that we had been paying. What should we do? Do we have a case if we take it to court?

Asked on December 22, 2014 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should have been on your husband's insurance: you were married, you (presumably) lived with, or at least commonly stayed with him, and you also (presumably) regularly or commonly used his car. As such, you were a member of the household who needed to be disclosed on his insurance (and the amount charged for insurance would have been almost certainly at least slightly higher, for covering a second driver) and a failure to disclose you would have rendered his application or most recent renewal false, would have arguably constituted insurance fraud, and would have violated his obligations to the insurer. The insurer very likely does not need to cover you, due to the failure to disclose you to the insurer and put you on the policy, and therefore there is a good chance that suing your insurer will not help you.


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