Legal Question in Traffic Law in Virginia

Accident Rights

Does a wife of a city law enforcement officer who was involved in a traffic accident have any rights to submit a claim to the insurance company of the offender? The officer himself has decided to go forward with a claim himself, but because of the nature of the accident (overturned police vehicle), and extent of officer's (husbands) injuries, has made life extremely difficult emotionally, physically, and financially for the wife. Does the wife have any rights in this matter?

Thank You


Asked on 5/14/01, 8:59 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Accident Rights

Because of � 55-36 of the Code of Virginia, no spouse may bring an action for what you are describing, which is loss of consortium.

The recovery will be limited to what the injured person can recover.

He should ask his personal injury lawyer what to do about it.

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Answered on 6/23/01, 6:57 pm


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