QUESTION
Can I sue (through an attorney) my wife's insurance if I was the passenger in a car driven by her?
Asked on Jan 18th, 2014 on Personal Injury - Rhode Island
More details to this question:
I was the passenger in a car driven by my wife, with her own policy and listed as she was the sole driver. We were involved in an accident in which both drivers were found at fault, I suffered minor injuries (whiplash, skeletomuscular pain etc.) I have moderate pain at my back and neck so I wonder if I can hire a bodily injury/auto accident attorney to make a claim against my wifes insurance? (My wife's agent keeps calling her and telling her to keep me from hiring an attorney because he says I will not get help/payment for medical expenses, but the adjuster said that both insurances would split the claim50/50 for my injuries so I do not know who is right or what to do.
11 ANSWERS
I would suggest that you see a personal injury attorney before doing anything.
Answered on Jan 22nd, 2014 at 3:30 AM
Automobile Accidents Attorney serving Providence, RI
2 Awards
You should consult with a Rhode Island licensed attorney experienced in personal injury claims to determine what rights, if any that you have.
Answered on Jan 22nd, 2014 at 3:30 AM
Edwin K. Niles
Read your policy.
Answered on Jan 22nd, 2014 at 3:29 AM
1 Award
Hire a lawyer to help you. You want to get fair compensation for what happened to you. An experienced lawyer can achieve that goal.
Answered on Jan 22nd, 2014 at 3:29 AM
Minor injuries and moderate pain are inconsistent levels of intensity. You have to check your insurance policy as it probably excludes a spouse from collecting when the other spouse is the driver (to prevent fraud). But both drivers are jointly and severally liable so you could sue the other driver for the full amount and let them cross-complain against your wife and let them collect from her insurance company. I have no idea as to whether this would work as a way of getting around the lack of coverage, but suspect it will not. You should see a personal injury attorney in your state and see what they say. It should not work because you have the burden of proof as to who caused your injuries and the other driver will argue she is liable only for those damages and will not cross-complain against your wife's insurance company.
Answered on Jan 20th, 2014 at 8:08 PM
Thomas Edward Gates
You first would submit a claim to her insurance company. Your injuries are very minor and you matter is not worth very much. Hence, you may find it hard to fine an attorney to handle the matter.
Answered on Jan 20th, 2014 at 8:08 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
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If this is really a Michigan crash/question, then your own car insurer pays your No Fault Benefits (ie: wage loss, medical treatment and replacement services). If you have suffered a serious impairment of a body function you can make a negligence claim against any party/driver/owner of any at fault vehicle (including your wife).
Answered on Jan 20th, 2014 at 8:07 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes, you can make a claim against the other party, but if they find your wife comparatively negligent, then your recovery will be reduced by the per cent of her fault.
Answered on Jan 20th, 2014 at 8:05 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Yes, you may make a claim against your spouse and his/her insurance company in Louisiana for his/her negligence if you were injured in an accident due to his or her fault.
Answered on Jan 20th, 2014 at 5:10 PM
James Eugene Hasser
Yes, but you have to sue her and not her insurance company in Alabama. You would also have to get around the "guest passenger statute" which basically says you cannot sue the driver if you are a guest unless you are paying for the ride. Good luck.
Answered on Jan 20th, 2014 at 5:10 PM
Car Accidents Attorney serving Warwick, RI
Partner at
Jules J. D'Alessandro Law, Inc.
Yes if if its a 50/50 case you can pursue a claim against your wife's insurance company.
Answered on Jan 20th, 2014 at 4:48 PM