Question

  11/07/12, 10:10 am
My husband was in an auto accident and the injured party might sue if the $100,000 insurance doesn't cover everything.Should my husband and I get a divorce if he is getting sued? In order to protect my own financials?
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United States   |   Colorado  |  Accident Law
Cost: Free

Answer

Christopher Kendrick Says:

Nov 15,2012 2:28 PM

First, if you are sued, your insurance policy likely has language that states that your insurance company will hire an attorney to defend your husband in a law suit. Further, the vast majority of these cases settle. Lastly, even if the other party is awarded a verdict over the insurance policy amount, unless you have significant assets, the other party will not likely come after them, but it is possible. The only other thing I would add is that I would not recommend attempting to divorce as a result of this, as the court would consider this fraud. Good luck and I hope this helps.

Nothing in this communication should be considered legal advice. Nor should this communication lead you to believe that an attorney-client relationship has been created. Only after thorough analysis of your case with you in my office can I provide effective legal advice on your specific issue.

First, if you are sued, your insurance policy likely has language that states that your insurance company will hire an attorney to defend your husband in a law suit. Further, the vast majority of these cases settle. Lastly, even if the other party is awarded a verdict over the insurance policy amount, unless you have significant assets, the other party will not likely come after them, but it is possible. The only other thing I would add is that I would not recommend attempting to divorce as a result of this, as the court would consider this fraud. Good luck and I hope this helps.


Christopher Kendrick
Lubchenco, Kendrick, & Baldridge, LLP
2222 South Albion Street, Ste. 360,Denver, CO 80222
720-644-6413
http://www.lkb-law.com

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