What is my liability?

My husband has had a stroke that affects his
peripheral vision and his doctors have advised
him to not drive. I have taken his keys but he
found one and had a key made and hides it
from me and drives while I am at work. What is
my liability?

Asked on March 9, 2018 under Accident Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your husband is driving a car registered to you and is at fault in an accident, you are liable for the accident as the registered owner. 
If he is driving a car that is not registered to you and is at fault in an accident and the case is not settled with your husband's insurance carrier, the party not at fault in the accident will sue your husband and you for negligence and go after your home.
Liability for the accident in which your husband is at fault will include property damage (cost of repairs) to the other vehicle and the personal injury claims of each occupant of the vehicle not at fault.  The personal injury claims include medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
If your husband is on your auto insurance policy, you will be named as a defendant in the lawsuit.


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