If you have received a serious physical injury as defined in the New York Insurance Law in the car accident, the answer is yes.   There is no rule preventing one spouse from suing another in New York for his/her injuries, assuming you have received a serious injury.  You can read up on what serious injury means by clicking here http://www.cannonlaw.net/faqs/i-received-a-minor-injury-in-a-car-accidentnbsp-can-i-sue-the-person-responsible-for-causing-the.cfm    Don't confuse your right to sue for your personal injuries with your right to receive from your husband's car insurance no-fault benefits to pay your medical bills and lost wages.   You get these benefits no matter how serious or minor your injuries are, and can learn about them by clicking here http://www.cannonlaw.net/faqs/i-was-injured-in-a-car-accidentnbsp-what-are-the-nofault-benefits-i-keep-hearing-aboutnbsp-who-p.cfm However, the better question to ask is Will my husband's car inurance company pay me for the injuries I have received?  Unless you have purchased special optional insurance coverage for spouses, your husband's car insurance company will not provide money for your injuries.  This car insurance coverage is very inexpensive and I suggest you call your insurance agent immediately to make sure you have this important coverage.

 


Q: I was injured in a car accident as a passenger in my husband's vehicle.  He was at fault.  Can I sue him for my injuries?

A: If you have received a "serious physical injury" as defined in the New York Insurance Law in the car accident, the answer is "yes".   There is no rule preventing one spouse from suing another in New York for his/her injuries, assuming you have received a serious injury.  You can read up on what "serious injury" means by clicking here http://www.cannonlaw.net/faqs/i-received-a-minor-injury-in-a-car-accidentnbsp-can-i-sue-the-person-responsible-for-causing-the.cfm  

Don't confuse your right to sue for your personal injuries with your right to receive from your husband's car insurance "no-fault" benefits to pay your medical bills and lost wages.   You get these benefits no matter how serious or minor your injuries are, and can learn about them by clicking here http://www.cannonlaw.net/faqs/i-was-injured-in-a-car-accidentnbsp-what-are-the-nofault-benefits-i-keep-hearing-aboutnbsp-who-p.cfm

However, the better question to ask is "Will my husband's car inurance company pay me for the injuries I have received?"  Unless you have purchased special optional insurance coverage for spouses, your husband's car insurance company will not provide money for your injuries.  This car insurance coverage is very inexpensive and I suggest you call your insurance agent immediately to make sure you have this important coverage.



Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.
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