Legal Question in Insurance Law in Ohio
filing a claim against my husband on our auto insurance
My husband was driving a car, we were hit head on and I was the only injured party. I am waiting on a settle ment from the man who hit us but was wondering if I could also file a claim against my husband on our insurance since he was driving
1 Answer from Attorneys
Re: filing a claim against my husband on our auto insurance
The laws of West Virginia favor full compensation for a victim of negligence. Accordingly, an injured passenger in an automobile may recover from any person who is even partly responsible. In addition, an injured party may recover from the under-insurance coverage in their own policy and in the policy covering the car. A victim may stack and collect from all of these sources but may only have one full recovery. There are time limits to making claim and service of process requirements. One should consult a lawyer prior to signing a release or bringing suit. The statute of limitations for bringing a suit for a accident in West Virginia is 2 years.
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