Philadelphia, PA asked in Car Accidents for Pennsylvania

Q: can i sue the wife when the husband doesn't respond?

The husband hit my car. He wont respond to my insurance company's and I call and letter. Can I sue the wife also. She said there separated and she is trying to serve him divorce papers but we have seen him at the house multiple times.

Related Topics:
2 Lawyer Answers

A: As a general proposition, you can assert a claim only against the driver of the car. Under certain circumstances, however, you can also sue the owner--for such things as negligent entrustment or agency. In this instance, if the wife is not a co-owner of the vehicle, you have no basis to sue her. If the wife is an owner, you would need to review with a lawyer whether or not there is a basis to assert a claim against her.

A: 1)Does he have insurance? If he does, wife should give it to you. If she won't talk, go to your county courthouse, see if she has initiated divorce proceedings and if so who her lawyer is and ask them to ask her.

2) His company has a duty to settle the case promptly and fairly, so if they can't get in touch with him that isn't your problem.

3) If you have collision, let your company do the heavy lifting.

3) If you were hurt, contact me and I'll give you a free evaluation.

4) If you don't have collision, get two estimates from whoever you'd want to have fix it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.