Liability for an Injury Caused by Ex-Spouse, Before Divorce

[dwn396]

My question involves an injury that occurred in the state of: California. My ex wife was in a car accident in early 2009 in which there were injured parties. The insurance investigation ruled her at fault. She recently received a letter from her insurance company stating that the injured parties were making a claim for more money than the policy covers for bodily injuries, and advised her to get a lawyer. My question is, can I too be sued by the injured party? We've been divorced since January of 2010. I was never a registered owner of her vehicle and the insurance policy was under her name with me listed as the secondary.

[Mr. Knowitall]

For the accident itself, your wife caused the accident and not you - you would not be an appropriate defendant.

Nonetheless, there can be circumstances in which liability can flow from such theories as owner liability or negligent entrustment (when you lend your car to somebody you know, or should have known, is not a safe driver.) Were you on the car title as an owner?

Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.

[dwn396]

Thank you for the response. No, I was never listed on the title of the car.