When you are dealing with the complexities of a divorce and a car accident case at the same time, you might be confused about who is going to pay for the finances. When a couple is getting divorced over things involving a car accident case, then the case can become complex. The question about who bears the burden of damages is hard to answer.
However, under certain circumstances, a clear answer can be given. By considering a few factors, it can be determined who is going to pay for the damages. Here are some factors that need to be considered.
1. Insurance Coverage
When it comes to collisions, the damages are often covered by the insurance companies of the parties involved in the accident. If you or your ex-spouse were involved in an accident where the fault was someone else’s, then the insurance company or part-at-fault will cover all the expenses.
This includes repairing the damages caused by the accident. The insurance will cover medical bills, auto repair bills, and additional charges as ordered by the court.
2. Determining The At-Fault Party
The party responsible for the accident has to bear the responsibility for the damages. For instance, if your accident occurred in Murrieta CA, you can hire a car accident lawyer murrieta ca to help you determine the party at fault.
You should hire a professional lawyer who is experienced in cases similar to yours. A professional lawyer can help you determine the at-fault party in the case.
3. Joint Financial Responsibility In Marriage
When you are going through the divorce process, you should know that finances are a shared responsibility between the two. This means that just like during marriage, both the partners were using money, now that they have decided to move apart, their financial obligations will also be shared.
If one person faces debts, especially after a car accident, then others are bound to help them through the process. This is because the assets are equally shared between the two so they both are responsible for the damages as well.
4. Separate Property And Debts
Despite owning parts of a shared property marriage, some properties are still desperate between the two partners. If the car that faced an accident was owned by one partner only, then they are obligated to pay for the damages.
If the car accident occurred after the divorce or if the properties are not shared between the partners in marriage, then only the owner is responsible for the damage costs, especially when the two decide to part ways.
5. Agreeing Through Mediation
If the car that faced an accident was a shared property, then you can contact your ex-partner to help you pay for the finances through the process called mediation. For instance, if you live in Sayville, NY, you should hire a professional lawyer for divorce mediation sayville ny.
Mediation allows both the ex-partners to agree on terms that will benefit both, such as deciding who will pay for the damages.