so my friend borrowed my car because I was sick, and I needed her to take my son to school. instead of coming straight back, she decided to go to the store and then went down a barricaded dirt road. she ended up in a ditch, and my brand-new subaru (2022) is totaled. she got tickets for going through the barricade. my insurance might deny the claim because of her illegal driving, and she doesn’t have insurance herself. can i sue her and her husband (he’s the one who works) since she doesn’t have a job?
wow, that’s such a mess. i think you might be able to sue both if they’re married. what state are you in?
Skyler said:
wow, that’s such a mess. i think you might be able to sue both if they’re married. what state are you in?
i’m in alabama. does that make a difference?
Skyler said:
wow, that’s such a mess. i think you might be able to sue both if they’re married. what state are you in?
yeah, alabama allows you to sue both under marital laws since they share financial responsibility. but you might need legal advice to be sure.
insurance might still cover it if your policy has a clause for other drivers. does your policy say anything about that?
Piper said:
insurance might still cover it if your policy has a clause for other drivers. does your policy say anything about that?
not sure, but I’m worried they’ll deny it because she broke the law by going through the barricade.
Piper said:
insurance might still cover it if your policy has a clause for other drivers. does your policy say anything about that?
if they deny it, you can try arguing that she was still an authorized driver. might help!
did she admit fault? having her admit she went down the barricaded road might help if you sue her.
Weston said:
did she admit fault? having her admit she went down the barricaded road might help if you sue her.
yeah, she got tickets for it, so it’s documented. hoping that’s enough.
why are you suing her husband? just curious since he wasn’t driving.
Tobin said:
why are you suing her husband? just curious since he wasn’t driving.
she doesn’t work, so he’s the one with income. i heard i can go after both because they’re married. is that true?
Tobin said:
why are you suing her husband? just curious since he wasn’t driving.
yeah, in some states you can sue both if they share finances. makes sense if she doesn’t have a job.
what if she refuses to pay? do you have a backup plan?
Kai said:
what if she refuses to pay? do you have a backup plan?
not sure yet. hoping i don’t need to take her to court, but I’ll do it if I have to.
Kai said:
what if she refuses to pay? do you have a backup plan?
you could try mediation first. it’s faster and cheaper than court.