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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116743
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I was involved in a car accident during my marriage to

Customer Question

If I was involved in a car accident during my marriage to which my husband did not cover my car as he always did is he responsible for half the damages vs. Utah code 78b-5-818(2)
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the accident happened during the marriage, was the vehicle in both of your names?

Customer: replied 1 year ago.
no just mine
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If your name was the only name on the car, then legally unless your divorce decree says otherwise, you are solely liable for this debt as UT considers this a separate debt. If both names were on the car, then you could have forced him to contribute for the damage, as then it would be a joint debt of the other owner of the vehicle, absent a court order to the contrary.

Customer: replied 1 year ago.
even if married and still not divorce a year later. .
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, for this type of case, yes, if his name was not on the car title, that is the case.

Customer: replied 1 year ago.
even if he dealt with our insurance through out the marriage and never covered my new car
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Ultimately, the owner of the car is responsible. Now, if he was supposed to pay for your insurance during that time and did not do so, you would have to sue him in court for "contribution" for his negligence in failure to cover the car, but that is your only option.