Am I liable if my husband gets into a car accident after being released to me from hospital?
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Am I liable if my husband gets into a car accident after being released to me from hospital?
He had an out-patient procedure (colonoscopy) requiring a sedative. The hospital would not let him leave until I arrived but I was not required to sign a release or to even show any identification. I did argue with him before he got in the car and I drove separately. He did not actually get in an accident or get pulled over but I would like to know if his recklessness could have potentially caused me any legal problems. If so, what should I have done to protect myself?
Asked on November 14, 2011 under Criminal Law, New York
Answers:
Lyle Johnson / Lyle W. Johnson Attorney at Law
Answered 12 years ago | Contributor
You husband very probably was driving under the influence of a drug. Had he been involved in an accident the community property would be liable for damages. That would potentially all that you both own. Further damages under these circumstances are probably non dischargable in bankruptcy. Nest time tell him that you are going to call the police and if they say he is okay to drive then you will not argue further.
Lyle Johnson / Lyle W. Johnson Attorney at Law
Answered 12 years ago | Contributor
You husband very probably was driving under the influence of a drug. Had he been involved in an accident the community property would be liable for damages. That would potentially all that you both own. Further damages under these circumstances are probably non dischargable in bankruptcy. Nest time tell him that you are going to call the police and if they say he is okay to drive then you will not argue further.
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