I know insurance normally only covers about $1k for medical but can my wife sue for compensation since she was also injured?
Uninsured neighbor crashed into my home causing me and my wife injuries? Can my wife sue my insurance for pain and suffering ?
byu/Mehua13 inInsurance
Posted by Mehua13
12 Comments
You can’t be liable to yourself.
And you don’t sue the insurance companies. You sue the people who negligently caused the injury.
That your neighbor was uninsured does not absolve him of the financial responsibility for your wife’s injuries.
She can and should sue him for her injuries.
At the same time report the uninsured accident to the DMV and they might suspend his license until he pays for the injury costs.
She can sue the neighbor, and can get a judgement against assets they own or garnishment against future wages. Personal injury claims generally survive bankruptcy
If you are referencing medical payments coverage on your insurance, that does not usually apply to you or residents of your household. Have you filed a claim through the auto insurance for the guy that hit the house?
You can’t sue your insurance for something someone else did. You can only sue your insurance for not fulfilling their contract.
You should check your coverages under your insurance policies to see if you have any coverage that may be afforded for this situation, but if you don’t have the appropriate coverage or the coverage doesn’t cover what you are looking for you can’t just sue them because you wish it was different.
As others here have said, you can sue the driver who caused the accident. Chances are good if he’s not paying for insurance he doesn’t have money to pay a judgement, but by all means give it a shot if you’d like.
ok thanks for your input to everyone, I will continue to see what can be done.
Check your auto policy – given your injuries arose from a car accident & the driver of the at fault vehicle is uninsured, you should have coverage under the Uninsured Motorist Bodily Injury coverage or your policy. And no matter who is at fault & if they are insured you should also have coverage under the Medical Payments or Personal Injury Protection coverage of your policy (assuming of course you purchased any of these).
Yes
How come every other post in this sub wants to sue somebody with zero regard for the laws, negligence, liability, or how insurance works?
File a claim with your homeowners policy. They’ll subrogate it.
Some people interchange the word “sue” for making a liability claim. Not a big deal.
You both can if you carry UM on your auto policy.