If a car accident lawsuit is against my wife but she passed away, it then can be against me?

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If a car accident lawsuit is against my wife but she passed away, it then can be against me?

It was side-by-side cars accidentand my wife was absolutely sure that she was a victim. But police report said different on opinion of “second car driver”. She was not injured in the accident but a couple of months later she was diagnosed with deadly cancer and passed away 18 months ago. A week ago I got a notice on a lawsuit against her and a mail from insurance company; it is a serious case.

Asked on December 28, 2011 under Accident Law, Connecticut

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to contact an attorney. Ultimately if you are or were co-insureds with her and/or the car was in both of your names, then you can be sued, as well. The lawsuit may wind up being against her estate but you need to protect yourself. Talk to your insurance company first and see if they need to hire an attorney or are required to hire an attorney to represent you and the estate. If this is a no go, then you will need to contact your own private counsel and discuss the matter with that counsel.


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