Skip to main content

Husband responsible for hit and run. What is my obligation?

Harrisburg, PA |

My husband was involved in a hit and run a year and a half ago. He clipped a car parked at a red light and ran out of fear. A cop showed up at our door a few hours later. He admitted his guilt, the police officer took pictures of the minimal damage to his car. He went to court and plead guilty to a misdemeanor offense last March. He received a civil suit in the mail last week from the person he hit. We thought our insurance took care of everything, but I called and found out that the case is still open. Unfortunately he has been incarcerated since before the court on a parole violation. What is my responsibility in all of this? I own a home before we got married, can they put a lien on this? What about our bank account? Thank you.

+ Read More

Attorney answers 5

Posted

If you haven't already, you should immediately report this incident to the insurance company who insured the vehicle your husband was driving at the time of this incident. They should be assigning you council to assist in your defense of the civil claim. Best of Luck.

Posted

You should turn the summon and complaint over to the insurance policy that was in full force and effect at the time accident. Your insurance carrier should provide you with a defense in the lawsuit. You should cooperate with the your insurance company and that attorneys that are hired to defend you in the case.

Posted

I wouldn't worry about it at this point as long as your insurance company knows about it and is processing thew claim.

In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

Posted

Contact your insurance carrier and provide them with the summons and complaint. This is why you pay for liability insurance. The insurance carrier is obligated to defend your husband and indemnify you on a settlement or judgment. As for the house, if you were an owner of the car it does not matter if you owned the home prior to being married to him. However, your home and bank accounts won't come into play until a long time from now and there may not be any issue with it at all if the case is settled within the limits of your insurance policy.

Asker

Posted

Yes the car is registered in my name. He is on the insurance policy as well. I haven't been named in the suit but didn't know if I should be worried at this point. I will definitely be providing the paperwork to my insurance company. Hopefully this will be resolved by them.

Posted

You should make sure the insurance company is taking care of this, if there was insurance coverage. Your responsibility would appear to be zero. However, if you are named as a defendant in the lawsuit, you must defend it or you could have a problem if the person gets a judgment. It would put your assets at risk. If you are a defendant, in addition to having the insurance company take care of this, you should call a lawyer who offers free consultations. If you are a named defendant and there was no insurance at the time of the accident (that is the company that should defend the case), contact a lawyer IOMMEDIATELY

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer