I Was In An Accident With My Spouse. My Spouse Is At Fault. I’m Hurt. Can I Make A Claim Against My Own Policy?
Being involved in a car accident is a traumatic experience, but when that accident involves your spouse, the situation can become even more complex and stressful. Whether you were driving together or in separate vehicles, an accident with your spouse can raise numerous questions and concerns about liability, insurance claims, and your legal rights.
First and foremost, it’s crucial to prioritize safety and health. Ensure that you and your spouse receive prompt medical attention for any injuries sustained in the accident. Once the immediate danger has passed, documenting the scene thoroughly is essential for any future legal proceedings. This includes taking photos, gathering witness information, and exchanging details with the other parties involved.
Navigating the legal landscape after an accident with your spouse can be particularly tricky due to potential conflicts of interest and the complexities of insurance policies. Texas law has specific provisions that address fault and liability, and understanding these can significantly impact the outcome of your claim. It’s also important to be aware of how shared fault might influence your compensation, especially under Texas’ comparative negligence rules.
Legal Considerations for Spousal Accidents
We often encounter clients who are unsure of the legal intricacies involved when both spouses are involved in an accident. Understanding these complexities is essential to ensure that your rights and interests are fully protected. Here are some critical legal considerations you should be aware of:
Filing a Claim with Your Insurance Company
Notify Your Insurer Promptly: It’s essential to inform your insurance company about the accident as soon as possible. Delayed reporting can complicate the claims process and potentially affect the outcome.
Understand Your Coverage: Familiarize yourself with the different types of coverage available in your policy, such as liability coverage, Personal Injury Protection (PIP), and Uninsured/Underinsured Motorist (UM/UIM) coverage. Each type plays a distinct role in compensating for damages and injuries.
Provide Accurate Information: Ensure that all the information you provide to your insurer is accurate and complete. Misstatements or omissions can lead to claim denials.
Determining Liability and Fault
Texas Fault Laws: In Texas, fault in car accidents is determined based on negligence. If one party is found to be more than 50% at fault, they cannot recover damages from the other party. This makes it imperative to gather and present clear evidence to establish the other party’s liability.
Comparative Negligence Impact: If both you and your spouse are found to share fault, the compensation you receive will be proportionately reduced by your percentage of fault. For instance, if you are found 30% at fault, your compensation will be reduced by 30%.
Insurance Coverage and Compensation
Types of Compensation: You may be entitled to various forms of compensation, including medical expenses, lost wages, and pain and suffering. Understanding these categories can help you seek adequate compensation for your losses.
UM/UIM Coverage: If the other driver is uninsured or underinsured, your UM/UIM coverage can help cover the costs. Ensuring you have sufficient UM/UIM coverage is crucial, especially in cases involving severe injuries.
Legal Representation
When to Seek Legal Help: If you have been injured in an accident, call an attorney for a Free Injury Claim Evaluation.
Attorney’s Role: Your attorney will investigate the accident, gather evidence, negotiate with insurers, and represent you in court if necessary. This comprehensive support ensures that your interests are protected throughout the process.
In conclusion, navigating the legal landscape after an accident involving your spouse requires careful consideration and professional guidance. At Carrollton Injury Law, we are committed to helping you understand your rights and secure the compensation you deserve.
What if My Spouse is At Fault for the Accident?
If you are not at fault for the accident but your spouse who shares your insurance policy is, you are still able to make a claim against the Bodily Injury Liability portion of your insurance policy. Depending on the language of your policy and the facts of the wreck, you may also be able to make an underinsured motorist claim if your injuries are so severe that the Bodily Injury Liability portion does not have enough coverage to compensate you for your injuries. Additionally, regardless of fault, you can also make a Personal Injury Protection claim, provided you have that coverage on your policy.
Because of the complicated nature of this type of wreck, you should contact a personal injury lawyer to help you navigate forward.
Need a Car Accident Lawyer? We Can Help.
Personal injury is all we do. We can help with your car accident injury claim, no matter the circumstances. If you have been injured in an accident, call or text us at 972-360-9898 for a free injury claim evaluation and we will show you how we put Personal back into Personal Injury Law.
