Many car crashes involve strangers trying to hold each other accountable. The drivers involved in a collision typically do not know one another. Therefore, there is minimal emotional risk involved in filing an insurance claim or even pursuing a personal injury lawsuit.
Drivers involved in collisions caused by others generally understand that they have a right to seek compensation for their losses. Passengers in vehicles are sometimes less certain about their legal protections – especially when the driver is a relative.
In scenarios where someone was riding as a passenger in a vehicle driven by a family member who was at fault for the crash, they may feel unsure about their rights and what steps to take. What options do injured people have after getting hurt in a car crash caused by a family member?
New York is one of the few states that requires no-fault personal injury protection (PIP) coverage on car insurance policies. Drivers generally have to carry PIP coverage to cover their own medical expenses and protect their passengers after a crash. PIP coverage is available regardless of who is at fault, making it ideal for people who suffer injuries when their family member caused the crash.
Pursuing a lawsuit
While it may be an uncomfortable experience, it is sometimes possible to file a civil lawsuit against a family member who caused a crash through illegal conduct or negligent behavior. In fact, even spouses can potentially file lawsuits against one another after car crashes if doing so is necessary to cover certain expenses.
Children can potentially take legal action against their parents, and parents can potentially seek compensation from their adult children. Siblings, cousins and other family members are also potentially able to pursue litigation when family members are responsible for collisions that leave them with uncovered injury-related expenses.
It is worth noting, however, that personal injury lawsuits after car crashes are subject to certain limitations because of the no-fault insurance law. Generally, people have to establish that they have serious injuries to be able to file a lawsuit against a family member when they were a passenger in their vehicle.
Reviewing the crash report, insurance policy information and other details about a recent vehicle collision and having sound legal guidance can help injured passengers explore their options. Familial relationships do not necessarily exempt people from legal and financial liability after they cause serious crashes.
