Yes—and here’s why you should.
If you were injured in a car accident and your spouse was driving, you may be wondering whether you can—or should—file a personal injury claim. In Massachusetts, the answer is yes, and it often makes a lot of sense to do so.
What many people don’t realize is that these claims aren’t really about “suing your spouse”—they’re about making sure you get access to the insurance coverage you’re entitled to.
________________________________________
Why You Should File a Claim Against Your Spouse’s Insurance
Massachusetts law allows spouses to bring personal injury claims against one another when one is injured due to the other’s negligence—especially in a motor vehicle accident. This means that if your spouse caused a crash and you were injured, you have every right to pursue compensation.
And here’s the important part:
You’re not seeking money from your spouse’s personal bank account. You’re seeking compensation from the auto insurance company that insures the vehicle.
Auto insurance policies exist to protect people injured by negligent drivers—even if that negligent driver happens to be your husband or wife.
________________________________________
Real-Life Example
Let’s say your spouse was driving, missed a red light, and caused a crash. You suffer a serious neck injury and are facing months of physical therapy, time off from work, and out-of-pocket expenses.
If you don’t make a claim, you’ll be stuck with the bills. But if you do file a claim against your spouse’s insurance policy, you may be able to recover:
• Medical expenses
• Lost wages
• Pain and suffering
• Future treatment costs
This isn’t about blaming your spouse. It’s about using the insurance coverage that’s in place—coverage that you both paid for.
________________________________________
These Claims Are Common—And Sensible
Filing a claim against a spouse is more common than you might think, especially in the context of auto accidents. Insurance companies are well-equipped to handle these claims, and most policies include bodily injury liability coverage that applies even when the injured person is a family member.
The legal system—and the insurance system—expects these claims to be filed when appropriate. It’s your right to be made whole after an accident, no matter who was behind the wheel.
________________________________________
Insurance Companies Aren’t Always on Your Side
It’s also important to understand that insurance companies may not automatically offer you the compensation you deserve—especially when you’re a family member. That’s why it’s critical to have an experienced Massachusetts personal injury attorney who knows how to navigate the claim process, deal with coverage issues, and maximize your recovery.
________________________________________
Our Approach
We’ve handled many claims where one spouse was injured while the other was driving, and we treat these situations with the sensitivity and discretion they deserve. Our goal is to help you recover financially—without creating unnecessary tension or confusion.
Filing a claim is about making use of available resources. You paid for this coverage, and you deserve the benefits it provides. Call us at Law Offices of Scott M. Syat, P.C. at (617)773-3500.