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.