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Husbands fault - liabiltiy of the wife?

by Mary

My husband was involved in a car accident. The other car was totalled and our insurance is denying the claim.

The accident was a result of road rage and the other driver claims the accident was caused by my husband throwing something out the window. The car is register in my husband name and the policy is under both our names.

My question is can I be held financially responsible for the accident? Can they garnish my wages or garnish my separate bank accounts?



Well Mary, this is a very complex question. Illinois is not a community property state, however, there might be some issues. The fact that you are on the policy could give raise to issues of ownership of your community (your assets).

There are other things you need to be concerned about which is comingling of funds. They all can raise a presumption that you and your husband are one legal entity giving them access to your bank account.

There are soo many things that could take your assets into a complete (shielded) category and so many other that would make it a community that it is very hard to give you an answer. The only and best thing you can do it to call a local attorney and have them help you.

Good Luck,

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