Under Georgia’s Family Purpose Doctrine, the vehicle’s owner can be held liable if another family member was involved in a car accident while using the vehicle for the family’s benefit, e.g., to go to the store for groceries.
You can also be held liable if your spouse was driving your vehicle and you know they should not have been. Georgia’s spousal liability laws can get tricky, especially in car accident claims where fault is disputed. Even though you and your spouse should be on the same side after a car wreck, having your own Columbus car accident lawyer to protect your interests can make a real difference in the outcome.
When can you be held responsible for a spouse’s car accident?
Spouses can share liability in car accidents if one of three conditions is present:
- One spouse owns the vehicle, and the other spouse was driving it for family purposes.
- One spouse directly commanded the trip for their business
- You know that your spouse legally should not be operating a vehicle (they’re intoxicated, have a suspended license, or you know they have a history of reckless driving), but you let them use the vehicle anyway.
The last scenario is called negligent entrustment, and it can expose you not just to civil liability if your spouse causes a car wreck, but also to criminal charges.
Does it matter whose name is on the vehicle or insurance policy?
If both spouses’ names are on the car title, they are joint owners and can be jointly pursued for damages by an injured party.
Insurance policies in Georgia usually follow the car, not the driver, so if you are on the car’s insurance policy, that’s the policy that will be paying the claim. However, your policy has limits, and if the plaintiff’s damages exceed the policy limits, you could be financially responsible for paying the remainder.
How do insurance companies handle accidents involving spouses?
Insurance companies pay claims when their customers are at fault in a wreck. Because insurance follows the car, one spouse’s insurance policy will cover any damages caused by a driver of that car. However, if the driver has another form of insurance coverage, that insurer may also pay part of a claim.
If you’re hurt in a wreck that your spouse causes while driving your car, then insurance claims can get complicated. Most auto insurance policies contain “household or family member exclusions,” so you may not be able to file a claim with your insurer.
What legal and financial issues can come up after a spouse’s accident?
An accident involving your spouse in Georgia can leave you facing vicarious liability claims tied to a household vehicle, unexpected medical debt, property damage costs, and reduced household income if either spouse misses work during recovery. Disputes over who is responsible for covering these expenses can add strain to an already stressful situation
What should you do after your spouse is involved in a car accident?
Handle the scene the same way you would any accident: Call 911 and have the responding officer help manage the scene. Get the other driver’s information, take photos or a video of the scene, and get immediate medical attention.
Talk to a lawyer as soon as possible. Georgia gives you two years from the date of the accident to file a personal injury claim, and building your case early, before evidence disappears and witnesses become harder to reach, puts you in a stronger position
Talk to a Columbus car accident lawyer about your rights and options
Has your spouse been involved in a wreck while driving your car? Fox Injury Law can review your situation, explain your exposure under Georgia law, and help you take the right steps from the start. Contact us online or call us at (404) 777-7778 for a free consultation.
