Home > Research Legal Advice > Car / Auto Accident > Can they put my spouse on my pain & suffering settlement check from car ...
Asked 3 months ago - Louisville, KY
FlagOur family car was rear-ended and totaled, and my spouse and child have already received their pain & suffering settlement checks (which was issued to them only). My injuries were a little more severe. Now that my check has come, I was surprised to find that my spouse's name was on it, also. I thought this was MY settlement? Can I insist that they issue a new check?
What does your lawyer say? A spouse of an injured party generally has a derivative claim for loss of services, loss of consortium, etc.. Most carriers will not settle a claim without getting a release from both of the parties to a marriage.
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