1) Whether they can sue you depends on what options they have chosen with their own insurance. The basic standard in NJ has a limited right to sue, which means that unless otherwise selected they have agreed not to sue for their personal injury. If they have selected unlimited right to sue then they have the right to sue for the balance. You would need to have your insurance check with theirs to see what option she has chosen. If she was a tourist, her insurance controls whether she can sue or not so your insurance should review this for you as policies vary.
2) New Jersey is not a community property state, which means your spouse's separate property assets are not responsible for your liabilities. However only marital property can be tapped as both of you own marital property together, but not her separate assets.
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