Suing your own husband, wife or even another family member for injuries sustained in a car accident may sound bizarre at first, but it's actually not as weird as it sounds if you understand how the insurance system works.

In New York, spouses cannot file lawsuits against one another – the same goes for many other states. However, there are specific circumstances where you can.

Car accident lawyers, like the team at Brandon J. Broderick, Attorney at Law, refer to an inter-family claim as a "family claim" or a "friendly claim." While a family member may take offense to such a notion, they should be re-assured that you are only seeking compensation that doesn't exceed the amount of coverage their car insurance provides. This is key to making it "friendly".

If you have any questions at all, our lawyers will answer any and all questions. Just give us a call and we can provide assistance.

When Can You Sue Your Spouse in a New York Car Accident?

The exception to the rule prohibiting someone from suing their spouse is if they have special coverage in their insurance policy. Insurers are required to provide the option for specific insurance coverage that would allow you to sue your spouse in the state of New York. However, if you carry this coverage, you must demonstrate that your spouse was entirely at fault for causing the accident, or at least partially at fault. This establishes liability and makes you eligible for damages in this type of car accident. 

The coverage is typically included in many insurance policies, even if the policy holder doesn't realize it. However, it's important to know that while insurance companies are obligated to give you the option, they do not have to automatically include this spouse coverage addition. It could be absent from your coverage altogether and you would not be able to file a lawsuit against your spouse for injuries sustained in an accident.

Review your specific insurance policy if you have any concerns about this matter, and speak to a lawyer if you have questions. A legal expert can go over the details of your case and advise you about what to do.

Can I File a Lawsuit Against My Spouse for Intentional Injuries Sustained?

Yes. If your spouse intentionally hurt you, you may file a lawsuit against them and seek financial compensation. This is comparable to a lawsuit against any other third party who intentionally injured you. Therefore, you have the right to file a lawsuit against your spouse if the car accident was caused intentionally to inflict injury.

Suing Your Spouse and the Other Driver

Since you may be unsure of the other driver's insurance policy limits, you should consider filing lawsuits against both drivers – the other driver and your spouse. Since the minimum insurance coverage required in New York is $25,000, that's all you may be entitled to collect from another driver involved in the accident. You can also attempt to obtain money from your insurance coverage by suing your spouse. If you have "underinsured" added to your policy, you can recover additional funds if the other driver's policy has limits.

Is It Ethically Wrong to Sue Your Spouse?

No. Understanding your insurance coverage will make you feel less guilty about the notion of suing your spouse. In fact, the claim isn't even against your spouse, it's directed toward your insurance company. For this reason, the claim cannot result in a higher insurance rate.

Here's a few things to think about:

• You are filing a claim against your insurance provider, not your spouse.
• Your insurance policy will pay your compensation. Your spouse will not pay it from their money.
• Your insurance premiums were paid for this very reason, so you have already paid for the option to use your spouse.
• Your insurance premiums will not go up because of this claim.

Are You Considering Filing a Car Accident Against Your Spouse? Brandon J. Broderick Can Guide You

To ensure that you secure compensation for your injuries, you must hire a New York car accident lawyer who is knowledgeable about car accident cases and the relevant insurance policies.

Brandon J. Broderick, Attorney at Law interacts with our clients with care and compassion. This sets us apart from other firms. You won't just have legal help, you will have a trusted advisor in your corner who wants you to win.

Call our office today to schedule a free consultation, so we can provide you the legal aid you need after being hurt. There are no upfront fees and you only pass us if we win. We have serviced the people of New York, New Jersey and Connecticut for decades. We would love to add you to our long list of satisfied clients.