Suing your own insurance company

 In Personal Injury Questions

Question: Last week, my husband was driving us home from a church function late at night and fell asleep at the wheel. I sustained severe injuries when I was thrown through the front windshield. Can I receive any compensation for my pain and suffering? It’s so strange to “sue” my husband.


Not only can you receive a recovery for your pain and suffering, but all of your medical benefits and lost wages should be covered as well up to the amount of the available insurance.

Of course it may feel awkward to make a claim against your husband. However, if your car was damaged in the accident and your insurance company is being relied upon to fix it, your insurance premium is most likely going to be impacted anyway, based on the fact that they will be called upon to pay for the damage to the vehicle.

Your insurance cannot and will not raise your premiums by more if you make a bodily injury claim. While technically, this claim is against your husband, it’s really between you as a claimant and your insurance company. You bought your liability coverage through your insurance company to insure you and anyone else from being injured as a result of your negligence. In other words, if any of you were at fault driving one of your vehicles and injured someone you don’t know in an accident, this coverage protects you and your family from litigation. However, this coverage also protects family members who are injured as a result of the negligence of another family member.

Rather than viewing this as a case between you and your husband, Ostroff Injury Law recommends you view it as a case between you and your insurance company. You are entitled to be compensated for your pain and suffering, loss of wages, to have your medical bills paid, whether it was your husband who caused your injuries or somebody you don’t know.

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