Visitor Question

Ex-girlfriend of uninsured motorist getting sued for his accident?

Submitted By: Tammy (Phoenix, Arizona)

My ex-boyfriend was involved in a fatal car accident (he died) and now the other motorist is coming after me for the damages since the car he was driving was uninsured. They are suing me because we used to live in the same house and were on the same car policy at one time (though for another car, not the one involved in the accident).

At the time of the accident we were broken up and not even residing in the same domicile. By the way – the accident happened in New Mexico and we both lived in Arizona.

How is it legal for them to sue me? What can I do to stop this? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tammy,

From the facts you present, you have no liability for the injuries to the other driver. For you to be liable would require you to have been the owner or part-owner of the car. This would include you being listed on the title or registration.

Moreover, you were not married at the time of the accident. Therefore you have no liability under a community property claim. In addition, you were not on the insurance policy. As a result, there is no evidence of a legal connection to the accident and resulting liability.

Many people believe when they receive a letter from an attorney or other party to the accident that they are being “sued.” A demand letter is not a lawsuit. For you to be sued would require the filing of a lawsuit. There is no evidence of that.

The other driver has what is referred to as the “burden of proof.” Therefore you have no legal duty to take any action. Instead, it will be up to the other driver to prove a legal connection between you and your ex-boyfriend. In this case, there doesn’t seem to exist any legal connection.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 1, 2017

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