Filing for my child if my spouse was at fault: My son was injured in an accident while he was a passenger in a car driven by my wife. The police report indicates that my wife lost control of the vehicle and that this was the cause of the accident. The insurance company is telling me that I cannot file a claim on behalf of my son against my wife unless I have a "ticket" issued by the police. Is this true?

Unfortunately, you're getting the runaround from your insurance company.

Here's how it works.  Your son has a claim against your wife if indeed your wife was careless. In other words, if the accident was caused by an "act of God" or sudden emergency, then no one is responsible and your son would have no claim under your insurance policy.

In this case, however, it looks as though the one car accident was caused by some level of inattentiveness on behalf of your wife.  For the insurance company to tell you that you need to have had a ticket issued by the police is, frankly, outrageous.

Unfortunately insurance companies sometimes give misinformation to their own clients in the hope that they simply "go away."  In my view, many cases could be resolved if the insurance company was simply honest with their own clients.  This is not the case and many of the potential clients that call our office do so because they have been either lied to or rudely spoken to by an insurance adjuster.

Obviously not all insurance adjusters are like this, but there are enough of them out there who don't understand what their real job is, which keeps the level of suspicion very high.

You can order a FREE copy of our consumer guide, The Five Deadly Sins That Can Wreck Your Injury Claim, to learn more about personal injury claims.

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Ben Glass
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Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney