Chances are, most people have not contemplated suing the spouse to whom they are happily married. There are certain circumstances, though, in which that can be a wise and prudent step. One of those is when a passenger spouse is injured as a result of the driver spouse’s negligence in causing an auto accident. When that happens, a lawsuit may be one of several options available. A knowledgeable Illinois car accident attorney can help you assess your case and choose a strategic path for proceeding.
One couple for whom such a spouse-versus-spouse lawsuit took place was Patricia and William from Will County. The pair, proud Illinoisans since 1971, decided to load up the motor home and two grandchildren for a weeklong vacation in Florida. On the way back, and while still in Indiana, William lost control of the motor home and slammed into a concrete wall. Patricia was hurt in the accident.
Patricia filed a lawsuit against William. This might sound a bit strange for those not familiar with these issues. However, it often may be exactly the right thing to do, even if both spouses are insured under the same auto insurance policy, in order to allow an injured spouse to collect the full recovery to which she is entitled. It is important to understand, though, that even if both spouses agree about filing the lawsuit, a contested litigation action may still result, since the auto insurer will likely put on an aggressive defense on behalf of the defendant spouse.