Accident Advice Part Two: Can I Sue My Spouse Who Was Driving?

February 24, 2009 8:52 am Jim Reed Auto Accidents

In a recent blog post, about a possible airbag lawsuit, I began addressing some questions from a mother who had a single-car accident with her husband and child as passengers. Since no other vehicles were involved, one question this family had was: “Could the husband sue the wife and her insurance company because she was driving?”

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Let me explain the legal difficulties with this issue.

First, while New York does permit one spouse to sue the other, most NY insurance companies specifically exclude liability coverage for actions between spouses. You would need to check your auto policy to see what it says.

TIP: I strongly recommend to my clients that they request – and pay the extra premium for – spousal coverage. That additional premium is very small and it provides you with very important coverage if your spouse screws up while driving.

Second, unless you suffer a serious injury (see our FAQ about the definition of serious injury) New York does not permit you to bring a lawsuit after a car accident. I explain this issue in more detail in my blog post about serious injury.

It may take some time for the full extent of injuries to be apparent, so do not be hasty in making decisions. However, remember the following:

TIP: The New York State time limit in bringing an injury case is 3 years from the date of the accident. In Pennsylvania, the limit is 2 years.

Please feel free to e-mail me with questions about the legal issues surrounding car accidents and personal injury cases. And keep checking the NY Injury Law Blog for more information about these complex topics.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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4 Responses

Tina Says:
February 25th, 2009 at 3:36 am
My car met with an accident 5 days back and luckly we are safe.But my car’s front portion (bumper)got smashed fully while the glasses scatered,even my back end of the car is damage a little. The worst part is I have no insurence (we were planning). Do I have any possibility to claim money? or any other way to get benefited?
Adam Gee Says:
February 27th, 2009 at 8:37 am
Tina – the little bit of information provided makes it tough to give you a straight answer, but I will do my best. If You were in an accident with another vehicle, and you don’t have collision coverage, the other vehicle will still pay for your damage IF he other vehicle was at fault for the accident. If YOU were at fault for the accident, and you don’t have collision coverage, then there is no way to make someone else pay for your damage. That is the risk you take when you choose not to carry collision coverage.

If you were in a single vehicle accident, your insurance company will only pay for the damage if you have comprehensive coverage (just like collision, but applies when there is no other vehicle involved). If you don’t have comprehensive/collision coverage and are involved in a single vehicle accident, no one can be made to pay for your damage.

Sorry to be the bearer of bad news.

Adam M. Gee, Esq.
maria Says:
May 12th, 2009 at 5:36 am
I was issued a citaton in Pa for an accident.
I have a spinal cord injury but do expect a full recovery in the future.Can I sue my car insurance for anything? I exhausted my car ins medical coverage very quickly due to the hospital bills, my medical ins is covering them now & I pay the copay.
I have used up all my sick days at work so now I am paying my medical ins.
Jim Reed Says:
May 19th, 2009 at 1:57 pm
Maria:

It’s tough to give a definitive answer from the little bit of information provided but the general rule is that you are not entitled to sue your own insurance company unless they have failed to pay for benefits that are covered under your policy. It sounds like you have already exhausted all the benefits under your policy and if that is the case, then you probably do not have a basis for suing your own insurance company for anything more. However, to be absolutely certain, I would STRONGLY urge you to consult with an experienced, local personal injury attorney. I wish you the best of luck.

Thanks, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP