Can I sue my spouse if they injure me in a car accident?
Most people ride in their car with their families; take the kids to the movies; drive the wife to the supermarket; take husband to the bank, etc. Statistically, if you are in a motor vehicle accident you will likely be with your family. Did you know that if you are harmed and your spouse causes an accident, the law limits recovery from your insurance carrier? Essentially you can’t sue your spouse. The New York State Insurance Law states that there is no coverage if a spouse causes another spouse to suffer death, injuries, or destruction of property. Many feel this is a good law. Allowing coverage could allow spouses to take collusive actions against their insurance company. However, this exclusion creates a dilemma: what can honest spouses do if they suffer personal injury and or property damage due to the negligence of their spouse?
Under current New York State law, insurance companies must provide for “supplemental spousal liability insurance (SSLI).” Although sold as a premium to the standard automobile policy, having SSLI is highly advisable. Many people do not realize the traumatic effect of a car accident that causes personal injuries can have on a household. Spousal coverage can assist if your spouse can’t work, incurs medical bills, etc. Usually, this coverage is inexpensive. It is advisable that you call your insurance company and inquire about this additional coverage that can protect your family. The New York Personal Injury attorneys at Schalk, Ciaccio, and Kahn are always available to answer any of your questions.