Who is liable if, after filing for divorce, my wife wrecked the car that I bought herbutshe hadno insurance on it?

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Who is liable if, after filing for divorce, my wife wrecked the car that I bought herbutshe hadno insurance on it?

The car is in my name and she co-signed. After filing for divorce she moved out and was making her own payments on the car; she insisted that I take her off my insurance so that she could pay her own. So I did. A week later she ran into someone and had failed to get her own policy. The car is not driveable. She was paying on it at the time of the wreck; since the wreck I’ve helped her and payed the payments. Now she is about to serve me divorce papers and I’m pretty sure she’s going to stick the car to me. Is there anything that I can do? We’re both getting sued by the people she ran into.

Asked on March 26, 2011 under Accident Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

So the car was still insured but she was not listed as a driver on the policy, correct?  Take a look at the cancellation dates please.  Even though you cancelled her it takes a bit of time generally to have the coverage stop.  Check and see.  She may have been covered.  And if your state has a permissive use doctrine then you may also be ok.  If the car was insured you are owed a defense even if you are not given indemnification.  Seek some legal help with this matter and seek help from a divorce attorney.  The car is a martial asset if it was purchased during the marriage even if it is only in your name.  Good luck.


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