WHEN WIFE DRIVING CAUSES ACCIDENT INJURING HUSBAND
Can you sue your spouse for a car accident? Is there insurance coverage when your husband or wife is responsible for the crash? The answer to these questions is yes. Our car accident lawyers handle many Minnesota cases where one spouse has a claim against the other. To start with, you are always entitled to No-Fault benefits after a car crash. No-Fault benefits pay your first $20,000 in medical bills and up to $20,000 in wage loss. When one spouse causes the accident, both spouses are entitled to this coverage.
Unfortunately, in many cases the injuries are more serious. Medical bills mount and can quickly exceed $20,000. In addition, there may be long-term health problems after a car accident. The good news is that your auto insurance will pay compensation if one spouse causes an accident and the other spouse is seriously injured. For example, our attorneys had a case where a husband fell asleep at the wheel. He drove off the road and crashed into a barrier. His wife was seriously injured in the car accident, requiring multiple surgeries. Luckily, they had a lot of insurance and our lawyers were able to get her a significant settlement.
AUTO INSURANCE FOR INJURED SPOUSE
However, in some cases, there can be a problem with the amount of insurance coverage. This is one reason it is important to read your policy and question your agent.
Some can insurance policies have what’s called “drop down coverage.” In one case, our client had purchased a $100,000 insurance policy. When the wife caused a car accident, her husband was injured. They made a claim with their insurance company for his extensive injuries. That was when they found out they had drop-down insurance. What that means is that if the wife had injured someone else, the coverage would have been $100,000. But because it was the husband who was injured, the coverage “dropped down” to the minimum of $30,000.
Drop down coverage is a cruel insurance provision. Most people would want to protect their family before anyone else. The policy language is not obvious. Therefore, if you don’t read the policy carefully, you could easily miss it. That type of insurance provision should be illegal in Minnesota, but so far it isn’t.
If you are in a situation where a family member causes a car accident injuring another family member, call us for a free consultation. Our lawyers have 25 years’ experience helping people throughout Minnesota.