Am I Liable If My Spouse Causes a Car Accident?
Jan. 16, 2025
Car accidents are an unfortunate reality on the roads, and the resulting injuries and damages often lead to legal disputes. When a spouse is involved in an accident, one of the primary concerns is whether you, as the other spouse, could be held liable for the accident or its consequences.
In Missouri, liability in car accidents primarily depends on fault and the specific circumstances of the crash, including the nature of the relationship between the spouses, how the vehicle was being used, and the insurance policies in place.
Understanding the nuances of personal injury law and liability in Missouri is critical for determining your responsibility if your spouse causes a car accident. Contact the Law Offices of Joe Phillips in St. Louis, Missouri, for personal injury representation.
Missouri’s Fault-Based Insurance System
Missouri is a fault-based (or tort) insurance state, meaning that the person responsible for causing an accident (the "at-fault" driver) is financially liable for the resulting damages. The at-fault driver’s insurance will typically cover the damages sustained by the other party, including property damage, medical bills, lost wages, and pain and suffering.
In cases where the at-fault driver’s insurance is insufficient, the victim may pursue a claim against the at-fault driver personally or even against their own uninsured or underinsured motorist insurance.
However, the question remains: Could a spouse be held personally liable if the other spouse causes a car accident? In most situations, the liability falls directly on the at-fault spouse, but there are various circumstances under which a non-driving spouse could face financial or legal consequences.
Personal Injury Liability in Missouri
In personal injury law, there are several factors that determine who is liable for damages. These include:
Negligence: The most common cause of liability in personal injury claims, including car accidents, is negligence. A person is considered negligent if they fail to exercise the level of care that a reasonable person would under similar circumstances. This might involve actions like speeding, distracted driving, or failing to obey traffic laws.
Vicarious liability: Vicarious liability refers to a situation where one party is held responsible for the actions of another, usually due to the relationship between the two parties. This concept often applies in employer-employee relationships, but it can extend to spouses in certain situations.
Insurance coverage: Missouri law requires all drivers to carry minimum liability insurance to cover potential damages caused in an accident. In cases where a spouse is driving and causes an accident, the spouse’s own car insurance will typically be the primary source of coverage. However, the insurance coverage and how it handles the claim can affect the other spouse’s financial exposure.
Can You Be Liable if Your Spouse Causes a Car Accident?
As a general rule, in Missouri, you’re not personally liable for your spouse’s actions in causing a car accident, provided that you weren’t involved in the accident or acting negligently yourself.
Missouri law doesn’t hold a non-driving spouse automatically responsible for a car accident simply because they’re married to the driver. Liability is generally tied to the actions of the individual driver, meaning the spouse who was behind the wheel would be primarily responsible for the accident and any damages caused.
However, there are several scenarios where you could potentially face liability, even if you weren’t the one driving:
If You Were in the Car and Contributed to the Accident
If you were a passenger in the car and contributed to the cause of the accident, such as distracting your spouse, encouraging dangerous driving, or otherwise participating in reckless behavior, you could share in the liability.
For example, if you were texting or engaging in a physical altercation with your spouse while they were driving, your actions could be seen as contributory negligence.
If You’re the Owner of the Vehicle
In Missouri, vehicle owners may sometimes be held liable under a legal doctrine known as "negligent entrustment." If you allowed your spouse to drive your car and knew or should have known that your spouse wasn’t fit to drive—whether because of a history of unsafe driving, intoxication, or other issues—you could potentially be found liable for the accident.
In such cases, you might be responsible for damages because of your negligence in permitting someone unfit to drive to operate your vehicle.
If You’re Sued Alongside Your Spouse
While Missouri generally doesn’t hold spouses liable for each other’s actions, you could still be named in a lawsuit, particularly if you’re considered an owner or co-owner of the vehicle involved in the accident.
This would typically be a lawsuit filed by the injured party against both your spouse and you, even if you weren’t involved in the accident. In such cases, it would be essential to seek legal advice to make sure that you’re not unjustly held accountable for the accident.
Community Property States and Liability for Debts
Missouri follows the rule of "common law marriage" and doesn’t recognize community property, which means that property and debt are generally not automatically shared between spouses.
However, if you live in a community property state or if you co-signed an insurance policy, you may be held financially responsible for damages if your spouse was at fault. In Missouri, however, your separate property is generally protected unless you were directly involved in the accident or liable through an insurance policy.
Family Purpose Doctrine
While Missouri doesn’t follow the Family Purpose Doctrine, some states do. This legal doctrine holds the head of a household responsible for the actions of their children or other family members if the car was used for family purposes.
While Missouri doesn’t adopt this rule, if your spouse was driving a vehicle you co-own and was using it for a family purpose at the time of the accident, you might face some liability under a similar theory.
Missouri’s Insurance Laws and Spousal Liability
One of the most critical factors in determining your liability in a car accident is the insurance coverage available. Missouri law requires drivers to carry a minimum amount of auto liability insurance, which includes:
$25,000 for bodily injury per person
$50,000 for bodily injury per accident
$10,000 for property damage per accident
In most cases, your spouse’s liability insurance should cover the damages caused by their negligence in the event of an accident. However, if the damages exceed the coverage limits of the at-fault spouse’s insurance, the injured party might seek additional compensation through the following sources:
Your own insurance: If you have an underinsured or uninsured motorist policy on your own vehicle, you may be able to access it to cover any shortfall in the at-fault spouse’s coverage.
Joint assets: If the court determines that both you and your spouse are liable, the damages may be drawn from joint assets, which could include savings, property, or other shared financial resources.
When Might You Not Be Liable?
In many instances, you won’t be personally liable if your spouse causes an accident. Some examples include:
If you weren’t in the car or involved in the accident: If you weren’t in the vehicle and didn’t contribute to the crash in any way, you typically can’t be held liable.
If your spouse's insurance covers the damages: If your spouse’s insurance policy covers the full cost of the damages, you wouldn’t be held liable for any part of the settlement or judgment.
If you weren’t negligent or involved in any wrongdoing: If you didn’t enable or contribute to the accident, you shouldn’t be held liable for the accident’s consequences.
Contact an Experienced Personal Injury Attorney Today
The Law Offices of Joe Phillips serves clients throughout Clayton, St. Charles, Jefferson County, and the greater St. Louis metro area. Contact the firm today to see how Attorney Joe Phillips can assist with your situation.