Can My Spouse Sue Me If I Am Driving and My Spouse is Injured in a Car Accident?

What most people do not know is that it is actually really common to sue close relatives or friends, especially when there are insurance coverage issues at play. The one area where this is perhaps most common is spouses suing one another after a car accident.

Think about it. Who do you spend the most of your time in the car with? The answer is probably your spouse. Thus, the risk of being involved in a car accident where a spouse is driving, and is totally or partially at fault, is quite high. Spouses are permitted to sue one another for compensation after a car accident. All insurers in New York are required to offer this insurance, and many people actually have it without knowing they do because it was included in their car insurance policy. Once a suit is initiated, it proceeds just like any other suit. The injured spouse must prove the driving spouse was totally or partially at fault in causing the accident and the resulting injuries.

Once there is an accident with another vehicle your attorney will sue the other vehicle for that vehicles “negligence” in causing the accident and your injuries. However, the other side, the defendant, will most likely then blame your driver, your spouse, for all, or for at least having been partly at fault, for the accident. This means if the other driver can prove that the cause of the accident was all your driver’s fault then you will not receive any compensation at all from the other driver. If, however you bring a lawsuit against the other driver as well as your driver, who happens in this instance to be your spouse, then you, the innocent passenger, will be compensated regardless of who was at fault.

It is also important to sue both drivers as you do not know how much insurance coverage the other driver has. So, for example, if the other driver has a limited insurance policy with only $25,000, the minimum required in New York, then regardless of the severity of your injuries you cannot recover more than the $25,000. By suing your spouse you can also try to recover compensation from your insurance policy as well. You may also have “underinsurance” included in your policy so that if the other side’s policy is limited you can recover additional money from your own policy.

You need an attorney that is aware of the ins and outs of car accident cases and the applicable insurance provisions to be sure that you recover the maximum amount possible for your injuries.

If you or a loved one were injured due to a car accident and are in need of legal assistance, call Jaroslawicz & Jaros at 212-227-2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to compensation. Or you can email Abraham Jaros at ajaros@lawjaros.com or call him on his cell at 917 842 9544.