The driver who causes an accident is usually the liable party, not their spouse. But even if you’re not legally responsible, your household may still feel the financial impact. Most spouses share insurance policies and assets, which means your insurance could be used to cover damages, and jointly owned property might be at risk if your spouse is sued. A Greenville car accident lawyer from Smith Jordan Law can help you sort through your options and protect what matters most.
How does South Carolina car insurance work when covering a spouse?
South Carolina requires a minimum level of insurance coverage for all registered vehicles. According to Chapter 77 of South Carolina Code 38-77-140, the “insured” party is the person named on the policy, and “while resident of the same household, the spouse of any named insured…” should be automatically covered. If your spouse was driving a vehicle for which you are the primary insurance policyholder when the accident occurred, your insurance policy should cover the accident.
Some insurance companies require policyholders to include the names of spouses or other household members who drive. While your spouse is often automatically included in most car insurance policies, it is smart to include the names of all driving household members to avoid surprises if they cause an accident. A lawyer can negotiate with insurance companies and hold them accountable for honoring your policy as the law requires, but this additional battle can be easily prevented.
Can I be held liable if my spouse is the at-fault driver?
While you generally won’t be held personally liable if your spouse causes a car accident, your insurance and finances may still be affected. Your insurance policy could be used to cover the other party’s damages, which may cause your premiums to increase. If your spouse is uninsured or underinsured, the injured party might sue your spouse, and that could put your jointly owned assets at risk.
If you and your spouse have separate property or are going through a divorce, it’s wise to speak with a car accident attorney. An attorney can help you understand how South Carolina’s liability laws apply and work to protect you from being drawn into legal proceedings for an accident you didn’t cause.
How is liability determined in a car accident?
A car accident attorney knows how fault is determined in Greenville. Assignments of liability in car accidents must be based on evidence, not assumptions. One of the 8 mistakes to avoid after a car accident is admitting fault, and another is failing to seek help from an attorney.
Under South Carolina Code 15-38-15, victims can only file for damages if they are 50% or less responsible for the accident. A lawyer can play an important role in determining liability and help protect your spouse by possibly challenging the alleged victim’s grounds for filing.
What damages is my insurance liable for covering if my spouse causes an accident?
If your spouse causes an accident, your insurance may be responsible for covering damages up to the limits of your policy. These damages can include medical expenses, property damage, lost income, and other accident-related costs. In some cases, victims can also seek compensation for pain and suffering or a reduced quality of life. However, if the other party is more than 50% at fault for the accident, they cannot collect damages from your spouse, your insurance, or your jointly held assets.
Get the trustworthy legal representation you need
Seeking legal advice from Smith Jordan Law is your best course of action if your spouse causes a car accident. Understanding liability and protecting your rights is our job, and we do it well. Connect with us for a free consultation by calling (864) 343-2222 or contacting us online. We are ready to help.
