My spouse caused my car accident. Do I have to sue them?

We often get calls from people who were injured when the driver of their vehicle caused a car accident. Sometimes it’s a taxi or Lyft driver. Sometimes it’s your own spouse, (or fiancé or best friend). In all of these cases, we make a claim against the driver’s insurance company.

married couple wearing chucks

Those who are not badly injured may decide that they don’t want to make a claim against their spouse or their insurance company. But what happens if you can’t afford your medical treatment? Your auto insurance exists for this precise scenario.

At times, insurance companies will offer a settlement that’s insufficient to cover your medical needs, or they won’t offer a settlement at all. What happens if we’re not able to settle the case with the insurance company?

We file a lawsuit.

This can seem incredibly awkward, as the lawsuit must be filed in the name of your spouse. A common gut reaction is to hear plaintiffs say, “No! I can’t sue my spouse!” However, that’s the way the system is set up.

Rest assured, it’s not technically your spouse we are negotiating and settling with, but your spouse’s insurance company. Furthermore, the insurance company will pay for your spouse’s attorney and their defense. Any settlement or verdict is paid by the insurance company, and not coming directly out of the pocket of your own family savings.

This is the best way to ensure that you can pay your medical bills and be compensated for your pain and suffering. If you’ve been injured in an accident through no fault of your own, call Allen & Allen today at 866-388-1307 for a free consultation.