The law each person to sue anyone no matter how related. Even a minor can sue their parent, however, there are certain requirements before a suit like that would go forward. But this question comes up all the time in auto accidents where one family member injures another.
So now we know you can sue a family member, but another question is whether the insurance company will pay for it. This is a much more complicated question, and the answer depends greatly upon two things: the policy and the circumstances.
A driver gets insurance to cover their negligent actions. The usual scenario is that someone gets into an accident with is their fault, and they injure another person. Then the victim can sue the at-fault driver. If the injured was a passenger in the car with the driver, will the driver’s insurance company pay for their damages?
The insurance will pay for injuries to any passenger hurt by their insured driver, so long as the victim is not living in the same household as the driver. If the injured passenger is a covered person living in the same household as the driver, then the insurance policy will not cover them. The reason for this is to avoid fraud. Someone could more easily stage or even cause an accident on purpose to collect insurance money.
If the passenger is a family member, such as an adult sibling or a parent of the adult driver, then the policy would cover so long as they are living with the driver.
So what if my spouse or other family member living with me but in another car that is not mine? In this unusual case, the insurance company still will not cover someone for negligence by a family member living in the same household.
However, if the injured family member that was in another car wasn’t living with the at-fault driver, then he or she could sue their family member for damages.
Should I Sue my Family?
This is a tough question that really no one can answer but the victim of the accident. Most people wouldn’t want to sue their sister, brother or parent if they injured them. This could be awkward at gatherings and cause a rift in the relationship.
However, the reason someone gets insurance is to be responsible for their actions. If they harm another person, then they are happy to have their insurance cover the damages so the injured won’t have to bear the burden themselves. If the victim is a family member, then many feel that’s all the more reason to allow their insurance to cover their damages.
Contact a Spokane Car Accident Lawyer.
Established in Spokane in 1948, Crary, Clark, Domanico, & Chuang, P.S. is committed to providing our clients with the absolute highest quality legal representation. If our Spokane Car Accident Lawyers represent you for your accident case, you have our assurance that we will use our absolute best efforts to win your case.
Contact us after any accident resulting in a serious injury for a free, confidential consultation and case evaluation. We will only offer you advice which is in your best interest.