QuestionMy wife moved out of the house three and a half years ago. For some reason her name appeared on the premium notices for two of my vehicles last week as an "authorized driver." She has a terrible driving record and I called the agent with my concerns. The agent refused to remove her as an authorized driver and told me that if she has an accident that I can be named in a suit along with her. I live in Ohio and we have not lived together since she left. She has never been named on my vehicle titles.
AnswerHello Phillip,
You have several complicated issues here, some more legal related than insurance related.
First of all, does she drive your vehicles? Does she have keys, or access to your vehicles?
If she is not driving your vehicles, but instead is driving a vehicle of her own (that is not owned by you), which is insured on her own separate policy, that policy would be responsible for her damages. I cannot see how you would be liable for her actions unless she created damage so enormous that her policy limits did not cover it. (Or, if she does not have liability insurance. You don't mention which state she lives in, but most states do require at least minimum levels of liability coverage.)
If she is underinsured, and does not have policy limits to cover her damages, it is possible that someone could sue you personally, since you are still married. If you have extensive assets, you need an attorney to instruct you how protect those assets.
As for the insurance agent, I am perplexed. It is not the agent's call who is to appear on your policy - as long as your wife has no access to your vehicles. You are paying the premiums. Is your agent practicing law? Might I suggest that you need a new agent.
Finally, I suggest you do obtain some legal advice to protect your interests, especially since I am not privy to all of the circumstances, nor am I an attorney. The legal ramifications between spouses does not disappear simply because they are not residing together.
