Getting a Recovery for Injuries from Your Auto Accident and Getting Insurance Coverage for Claims between Spouses

Many New Yorkers fail to buy a very valuable automobile insurance coverage which costs a couple of dollars.

The coverage allows one spouse to sue another.  Without buying this option there is no coverage if one spouse accidentally harms his or her spouse. 

New York used to prohibit insurance coverage for an inter-spousal lawsuit.  It was thought that lawsuits between spouses would weaken families as well as lead to collusion in either making phony claims or exaggerating accidents.  Although in theory one spouse could sue the other, without the insurance coverage this is right is meaningless.

Here is an example of the importance of this insurance:

Jim is driving the family car, and his wife, Joyce, is in the front passenger seat.  The couple’s two children are in the rear seat.

Jim goes through a red light, and there is a collision.  Joyce and the children are injured.

Although Jim was clearly negligent, Joyce cannot sue him.  The couple failed to purchase the coverage for inter-spousal claims.  The children can sue their father since there is no bar to coverage where a child sues the parent.  

It is interesting to note that if Joyce and Jim were not married, Joyce’s claim against Jim would be covered. 

If you are married, make sure that your automobile insurance policy covers claims made between spouses.

If you have injured in an automobile accident, please feel free to call me for a free consultation at 800-581-1434 or write to

Mark E. Seitelman, 11/5/10,


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: