You may be liable if your spouse causes a car accident. Colorado is an at-fault state for car accident claims, which means that the party responsible for the accident is also responsible for compensating the victims for injuries resulting from it. Usually, this is the negligent driver, but there are some situations in which a third party—the at-fault driver’s spouse—can also be held liable for the crash.
If your spouse causes a car accident while driving your vehicle, you could be held liable in certain situations. Resolving car accident claims with shared liability can get tricky; consult with an experienced Denver car accident attorney to protect your rights.
Colorado insurance follows the car, not the driver
In Colorado, your car insurance covers the car, so if you allow someone else, like your husband or wife, to drive your car, they should be covered by your car insurance policy. If that driver was involved in a car accident, any insurance claims will be filed with your insurance company. If your spouse was driving your car and got into a wreck, alert your insurance carrier right away. Your policy could be voided if you don’t.
Colorado is an at-fault state for car accidents, though, so determining liability in car accidents is essential to determine who pays for property damage and other losses. If your spouse caused the wreck, you may be held liable for damages beyond what your insurance policy covers if you are found negligent or guilty of wrongdoing. Talk to a lawyer right away; if your spouse was found to have contributed more than 50% of the blame for the wreck, both of you could be held liable.
Colorado negligent entrustment liability laws
Colorado car accident plaintiffs must show wrongdoing or negligence on the part of the other car’s owner in order to hold them liable if someone else was driving their car.
Negligent entrustment is a legal principle that holds vehicle owners responsible for any damage that occurs if they permit an unqualified, dangerous, or inexperienced driver to operate their vehicle. If your spouse was drinking or using drugs, even legal recreational ones, then borrows your car and causes a wreck, you could be held liable for permitting an intoxicated person to drive your vehicle.
You could also be held responsible as a third party if you know your spouse has a history of reckless driving, negligence behind the wheel (such as texting and driving), or if you know they don’t have a valid license.
Pursuing a third-party claim for damages
What if you’re hit by someone who was driving their spouse’s car? Colorado personal injury laws permit recovery of damages from the party who directly caused the wreck and any other liable third party, like the driver’s husband or wife.
Your car accident lawyer will need to build two separate cases in your claim: one against the driver who caused the wreck and one proving that their spouse’s negligence played a role in the accident. Car accident lawyers build a plaintiffs claim by investigating the accident for evidence of liability. If your attorney finds out that the driver didn’t have a license, was drunk, or had a history of reckless driving and their spouse knew it and let them driver their vehicle anyway, then the spouse may be held partly liable for allowing them to get behind the wheel.
Third-party liability claims are more tenuous than strict liability claims; work with a car accident lawyer who has experience litigating this type of case.
Do you need help understanding your rights and options in a third-party car accident claim? Call Zara Injury Law today at (866) 823-8288 for a free consultation.