QUESTION
Can we sue a husband and insurance even if wife is excluded driver?
Asked on Oct 24th, 2012 on Personal Injury - Michigan
More details to this question:
My wife stopped for a fire truck to pass and the lady rear-ended her. The lady driving the truck was excluded from her husband’s insurance. The insurance company doesn't want to pay for my car. My wife was injured. She went to the hospital latter that evening. The lady gave her husband’s insurance information at the time of the accident, but they denied the claim because she was excluded driver. What can we do? I called the lady to discuss the quotes for the repairs over $5000 and her husband didn't want to add her because she would cost too much to add because of a previous accident. Can we sue and if we win, collect from the couple or the insurance company?
10 ANSWERS
Ronald A. Steinberg
Whether or not she was an 'excluded driver, " if she had the car with the permission of the owner (her husband), then you can sue her husband as well as her. Perhaps, by raising the right legal theory, you can get their insurance to pay, which is what you want to happen.
Answered on Oct 30th, 2012 at 10:00 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can definitely sue the lady. You might not be able to collect. Also, the insurance company may not be correct to deny coverage for the wife. If she had the husband's permission to drive the vehicle, she may be covered. Regarding the property damage, if you have collision coverage, you may want to get your insurer to repair your car. They can bring a property damage claim against the other driver if they think it is worth it. Regarding the injury case, you should have uninsured coverage (it is mandatory when you buy auto insurance) that will cover it.
Answered on Oct 27th, 2012 at 1:05 PM
Assault Attorney serving Richardson, TX
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You will need to look to your insurance policy for coverage under the uninsured and under insured terms.
Answered on Oct 26th, 2012 at 9:40 PM
You can sue the husband and wife personally. You should bring a claim for negligent entrustment against the husband for allowing an uninsured driver who was basically uninsured because he knew she was a bad driver. If you get a judgment, however, as for the wife's negligence, you would not get paid by the insurance. If you claim and prove negligent entrustment against the husband, that is his own negligence in the use and operation of the insured vehicle and could lead to insurance payment.
Answered on Oct 26th, 2012 at 8:36 PM
Thomas Edward Gates
Yes, you can take legal action on the person that hit your wife.
Answered on Oct 26th, 2012 at 8:28 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You can't collect on an insurance policy where the driver who hit you is an excluded driver under that policy. That's why they excluded her. But if you're in Texas you can have her driver's license suspended if she doesn't pay, and you can collect under the uninsured motorist coverage of your own policy if you have that coverage. Which you certainly should. Good luck.
Answered on Oct 26th, 2012 at 7:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A person who owns a car and permits another to drive it is responsible. You should sue the husband and wife. The insurance company will come in and defend, will likely pay your claim. Get you a good lawyer. he will know what to do.
Answered on Oct 25th, 2012 at 4:54 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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If you have full coverage on your vehicle then submit the matter to your insurance company as an uninsured motorist claim. If you do not have coverage, then I would first obtain an asset check on the wife and husband. The California vehicle code may limit the husband's responsibility to $15,000 per person for bodily injury and $10,000 per incident for property damage. If either of the wife or husband have assets, usually real property, then it may be worth your while to pursue legal action against both if they refuse to pay for your damages. Be mindful that even if you obtain a judgment against the responsible parties, it is difficult to collect judgments against individuals.
Answered on Oct 25th, 2012 at 4:53 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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You can sue the owner and driver, but will only be able to collect from them, not the insurance company. You would be better off having your insurance company repair your car, and most insurance will waive the deductible when the other driver in uninsured.
Answered on Oct 25th, 2012 at 4:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can sue the driver and the owner of the car. You may also be able to claim under your uninsured motorists coverage, if you have it.
Answered on Oct 25th, 2012 at 4:51 PM