Can my wife be "sued" for an auto accident that was my fault.

The short answer to your question is yes, they can sue your wife. That does not mean that they can recover against her. Your insurance company should hire an attorney defend both you and your wife. My guess is that if the plaintiff attempted to name your wife as a defendant, your attorney would move to have the claim thrown out.

Realistically, if the claim is well above your policy limit, the insurance company will settle the claim for policy limits. Most pi attorneys will try to make a claim for the driver against the underinsured motorist coverage on their own policy before they try to personally sue you in this type of case. That does not mean that this will not happen, but that it would be the last resort of the attorney representing the other driver. Click on the Find a Lawyer tab on the top of the Avvo home page to see if you can find someone near you to talk to or click on the link below to access the Find a Lawyer database. http://www.avvo.com/find-a-lawyer JOYCE J. SWEINBERG ESQUIRE Attorney at Law 105 A East Maple Avenue Langhorne PA 19047 215-752-3732 [email protected] Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

If your wife's property is community property, there is a possibility that a judgment against you can be satisfied from community property. Consult with an estate planning attorney to try and protect your assets in the event the injured party refuses to settle for the policy limits. You may also want to retain a private attorney to oversee the claim to make sure your insurance company does everything it can to protect your interests.