My husband and I have been separated for 3 years but are still married. The car he drives is in my name. what is my liability? He insures it.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 28, 2010

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Insurance Question from Charlottesville, VA

Asked on 10/28/2010

My husband and I have been separated for 3 years but are still married. The car he drives is in my name. what is my liability? He insures it. NULL

Answer given on October 30, 2010

Since you are still married, you and your husband are considered as “one” for liability purposes.  If he is involved in an accident you cannot be sued separately for damages or injuries. 

You indicated that he is insuring the car.  I would recommend that you both be named on the policy, just to avoid any questions, since you are the registered owner and he is the operator.  You should also be listed on the policy as a driver, as well as him.

Discuss all of this with your insurance agent, since some insurance companies have different ways of handling separated couples.  Your agent will know the proper way to insure the car so that you are both protected without any unnecessary additional costs.

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