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TexLaw
TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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Spouse is being sued in car accident case. He is being sued

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Spouse is being sued in car accident case. He is being sued for 3 million. The guy is sueing the llc and him personally. I am 50/50 partner in the llc. He was driving personal truck pulling llcs trailer. Am I at risk of being sued. We are in nc
Hi,

Thank you for your question.

Were you driving the vehicle involved in the accident?
Customer: replied 3 years ago.
No, but the trailer being pulled was owned by our llc
Thank you for your response.

You may be at risk of being sued, but you do not have any personal liability in the matter and would be able to dismiss the case. I say this because a person has a right to sue whomever they wish, so the person suing may choose to attempt to sue you personally. However, you would be able to dismiss the case against you because you are protected by the LLC's corporate shield and are therefore not personally liable.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

Customer: replied 3 years ago.
They have filed suit, and just the llc and spouse is sued. Would they have sued me from the beginning? He has no where near 3 million dollars.
Yes. They would have most likely sued you from the very beginning.

Can you tell me more about what happened to cause the lawsuit?
Customer: replied 3 years ago.
Spouse was going to put the llc dump trailer up and hit a man on a motorcycle. The mans medical bills exceed his policy limits. The truck was registered directly to him, that was pulling the llc trailer
Thank you.

The LLC is really only tangentially tied to the case and will likely not be hit with any liability unless the trailer was maintained in a negligent fashion or was non-compliant with the regulations.

I do not think you will be sued personally under these circumstances.
Customer: replied 3 years ago.
So now what do we do. I don't sleep day or night!
Have you informed your insurance company about the claim?
Customer: replied 3 years ago.
This has been going on for two years. And yes we have informed them and he also has a lawyer on retainer
I know its a nerve wracking situation.

The best thing to do at this point is to cooperate with your defense attorneys.

Do you know what the policy limit is on the insurance that is covering the claim?
Customer: replied 3 years ago.
350000.00
The fact that the damages asserted in the case exceed the amount of the policy limits is troubling. Your business assets may be liable to seizure for any judgment found in excess of the policy limits. Also, if your husband is personally liable, then all of the personal assets may be at risk for any amount beyond the policy limits as well.

The best thing you can do is try to fight the case and put it into a position so that a settlement is possible.
Customer: replied 3 years ago.
His personal assets, not mine?
Your separate property will be protected. However, community property and his separate property will be subject to a judgment.
Customer: replied 3 years ago.
Our home was given to me, it has always been in my name. Cars are in my name. He really has nothing in his name except llcs trailer, work truck, Roth IRA. What do u mean community property. We are in nc which is a non comm property state, correct?
It is, but what I mean is jointly owned property.

Your home is not going to be liable as it is protected by homestead laws from judgments. The fact that the cars are in your name is good.
Customer: replied 3 years ago.
I just hope I can't get roped in, but the llc is to protect from that I hope. Right?
Yes. The LLC should be an absolute bar against any suit against you in this situation. You have told me nothing that would indicate any personal liability in this matter.

Plus, you would have been brought into the suit by now if this has been going on for 2 years.
Please remember to rate my answer.

Please also feel free to continue with any remaining question you.
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