What is the name of your state? New Jersey.
My wife, daughter (Age 2) and I were involved in an accident in Canada. My wife sustained serious injuries and is presently in therapy and rehab back in the states (New Jersey). She was almost two weeks in the hospital in Canada before being transferred back to the US. Injuries include several fractured vertebrae, fractured arm and pelvis which required surgery to stabilize, broken foot, stitches on her scalp and I believe a small fracture on her occipital area on her skull.
I was driving and was passing a vehicle in front of me when I realized that I would not be able to pass in time and in trying to avoid the oncoming vehicle our passenger sides made. The impact was such that as I was swerving to avoid the other car the point of impact was more on the side rather than a full frontal collision. Somehow my car went end over end and rolled a few times after that. I was issued a careless driving ticket in Canada.
The two vehicles involved are a total loss. Other than my wife, all other people involved were discharged after being examined in the ER. I don’t know what, if any, action the other driver is going to take either against my policy or me personally.
Does my wife have to actually sue me to get a personal injury settlement from the insurance? Does she need a lawyer or can she try to negotiate directly with the insurance for settlement? Do I need a lawyer to protect me from the guy I hit, or will the insurance handle any defense I need? It seems kind of weird that a wife would have to sue her husband. What are the chances of something like this going to trial? Being that my daughter is only 2 years old, can I enter a claim on her behalf or would my wife need to do that?
Thanks for any insights to my situation. I realize this may be far more complex than I have written. However, general guidance is appreciated.
My wife, daughter (Age 2) and I were involved in an accident in Canada. My wife sustained serious injuries and is presently in therapy and rehab back in the states (New Jersey). She was almost two weeks in the hospital in Canada before being transferred back to the US. Injuries include several fractured vertebrae, fractured arm and pelvis which required surgery to stabilize, broken foot, stitches on her scalp and I believe a small fracture on her occipital area on her skull.
I was driving and was passing a vehicle in front of me when I realized that I would not be able to pass in time and in trying to avoid the oncoming vehicle our passenger sides made. The impact was such that as I was swerving to avoid the other car the point of impact was more on the side rather than a full frontal collision. Somehow my car went end over end and rolled a few times after that. I was issued a careless driving ticket in Canada.
The two vehicles involved are a total loss. Other than my wife, all other people involved were discharged after being examined in the ER. I don’t know what, if any, action the other driver is going to take either against my policy or me personally.
Does my wife have to actually sue me to get a personal injury settlement from the insurance? Does she need a lawyer or can she try to negotiate directly with the insurance for settlement? Do I need a lawyer to protect me from the guy I hit, or will the insurance handle any defense I need? It seems kind of weird that a wife would have to sue her husband. What are the chances of something like this going to trial? Being that my daughter is only 2 years old, can I enter a claim on her behalf or would my wife need to do that?
Thanks for any insights to my situation. I realize this may be far more complex than I have written. However, general guidance is appreciated.