You can help her deal with the other side and their insuror, but you cannot file a lawsuit for her as that would be practicing law. If your wife has injuries that are serious, she should hire an attorney as soon as possible. You may know a lot, but the insurance company does this all day every day, and you can get caught empty handed if you miss a detail or do not properly and promptly investigate the claim (get witness statements and the like).
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
Are you also going to provide her with medical treatment? If you are not an attorney, do not act as one, just as you would not try, I hope, to act as a physician. You do not know as much as you think. Attorneys, like physicians, are required to have special schooling and pass rigorous exams for a reason. Find an attorney.
This response is based on the limited facts presented and is not intended to substitute for direct legal advice, nor is it intended to establish an attorney-client relationship. It is intended to direct you to issues which you may desire to explore further.
Are you aware that both your wife and you have a claim? Unless you have a law degree, I don't suggest you attempt to handle this situation on your own.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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