Preserving & Protecting Your Family’s Assets & Legacy

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

| 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.

If you our you, your spouse, or a family member has been injured in a car accident, please contact our Long Island car accident lawyers for help with your personal injury claim.  Our lawyers will work with you to support your rights and maximize your recovery.


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