Can a secondary policyholder/driver on car insurance be sued for an accident caused by the primary?

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Can the secondary policyholder be sued if the primary fails to pay the requested amount? The primary policyholder supposedly caused a collision and is now being requested to pay a tremendous amount of money. Can that fall onto the secondary policyholder even though they were not present/driving the vehicle?”

Asked July 17, 2018

1 Answer

In Florida, whether or not secondary policyholder is at the risk of being sued in the case, a primary causes accident depends on whether the policyholder drives the car or not in the event of an accident.

In case an accident occurs, the injured party is more likely to sue the primary driver if they were operating the car at the time the accident occurred. If the secondary driver is not the one operating the vehicle, they are not at the risk of being sued for damages that occur. The primary driver will be held responsible. However, this has exceptions in that if the primary driver is a minor, the secondary driver the policyholder will be held liable in case the child was found guilty of causing the accident. Besides, if the primary driver is married to the policyholder or both are registered domestic partners the claim will be filed against the original policy by anything not covered by the policy will be the responsibility of the spouse. Furthermore, the rates of a policyholder can rise if a claim is filled from another listed driver. Regarding a separated couple or them in the process of divorcing, whether or not the policyholder will be liable depends on the court and the policyholder’s view of the divorce proceedings.

In case the primary driver is not in a position to pay the amount charged, the policyholder will be called upon to pay the claims. However, if the policyholder has umbrella insurance that covers against the unknowns not addressed by the other insurance cover, they settle with the court for their wages to be garnished an amount till the debt is paid off. If not in a position to pay the claims, properties of a policyholder will be sold to pay the outstanding claims.

Answered July 20, 2018 by cap381

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