Preserving & Protecting Your Family’s Assets & Legacy

Can I sue my spouse in a car accident in New York?

by | Feb 2, 2022 | Barrie's Banter, Motor Vehicle Accidents |

Here’s a personal injury attorney lesson you don’t want to learn the hard way. Contrary to popular misconception, you can sue your spouse for a car accident which occurs in New York, as long as your spouse is negligent. The question is, will your insurance company pay for it?

Insurance companies must make a “spousal rider” available. Some companies include it, but most require that you pay for it. Depending upon your coverage, it costs about $50 per year.

So, what is it?

Let’s presume two spouses are in one car. Spouse A, the driver, loses control and hits a tree. Both spouses are covered under no fault for their injuries but what happens if Spouse B is hurt? Under a spousal rider, just like if you are in a car with a stranger, Spouse B can make a liability claim and the insurance company must pay. BUT, if you do not have a spousal rider, you will be excluded from carrier coverage for injuries under the liability portion of your policy, which may wind up to be a very expensive mistake.

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