IS IT POSSIBLE TO SUE MY SPOUSE…
AFTER A CAR WRECK?
The way Louisiana law works, you can’t sue your spouse directly in a car wreck case.
However, when it comes to car wrecks specifically, it’s possible to seek compensation from your spouse’s auto insurance.
For example, if you are a passenger in your spouse’s car and your spouse causes a wreck, you can make a claim against your spouse’s insurance for damages just like you would be able to if the driver was a friend or a person unrelated to you.
If the driver of the vehicle you were in was not at fault for the wreck, you would seek compensation from the driver who was at fault.
WHAT IF THAT PERSON HAD NO INSURANCE?
(This brings me to a topic I just love to talk about. Seriously, you would think I actually sell insurance the way I go on about it.)
If the at-fault driver had no insurance or did not have enough insurance, you could make a claim against your vehicle driver’s UM policy. That is if they have a UM policy.
You could possibly even make a claim for your own UM policy if there is not enough insurance from the person at fault. Again, that is only if you have a UM policy.
And you REALLY, REALLY should have it. I will a.l.w.a.y.s. pay extra for UM coverage because I have seen too many clients left up a creek without a paddle after being in a wreck with someone who did not have enough insurance (or did not have insurance at all!).
So while you generally can’t sue your spouse after a wreck, you can still seek compensation from their insurance company if they cause a wreck that injures you.The same is true for a friend, an Uber driver, or anyone who causes an injury to you.
I think it’s noble when people worry that seeking compensation makes them a horrible person. But remember a few things:
- That is why we pay for insurance…so that people who are injured by us have a way of being made whole.
- In many cases, you will settle with the insurance company of the at-fault person. This means that it’s likely you’ll never actually have to “take them to court”.