Wife hurt in car accident, who gets sued?
Wife was a passenger in sisters car and accident occured, sister was determined at fault. My wife spent 5 days in hospital from trauma department.
Our health insurance paid for the stay but wants reimbursment if theres a settlement. Sister has minimum liability coverage and from the looks of it will barely be enough to reimburse my healt insurance. We do have maximum under insured motorist on our auto policy. Wife will be out of work for at least 2 weeks and is suffering a lot.
Question is, how/who do we go after for loss of wages and pain and suffering? Keeping in mind we dont want her sister to have to pay anything out of pocket.
In Arizona
in many states you first need to sue the party at fault. you can not legally file for uninsured motorist if she has insurance. if you do, you insurance company has you for fraud and can refuse all payments, drop you and turn it over to the DA. sister is going to see it hit her in the wallet anyways. deductable and higher insurance rates already. but why are you worrying about sisters money ahead of wifes pain? was involved in wreck in friends car and the first thing they did was to make sure everyone was okay, then told us to sue if we thought there was a chance of us being hurt. do not try to cheat insurance but file to make sure your wife will be covered.
