Question:
If our car is in my husband's name, can I sue him if we are in an
auto accident?
Answer:
If you're asking if you can make a claim against the car insurance
policy for the injuries you received, then we can tell you that
normally this is not an option.
Auto insurance policies typically have a provision that excludes
liability for the actions of spouses (and sometimes also other
household members). In general, with insurance you can't make a
claim against your own liability policies if you or your spouse
causes damage to your own property or household members.
Most states consider a married couple to be one entity and
responsible for each other. Through the contract of marriage,
it's usually found that items owned by one are also the property of
the other. By saying "our car" you take claim to the car as
your own and thus have liability for what happens with it, even if
it's injuring you as a passenger while riding in it.
You can't claim for your car's damages through
property damage liability
because that coverage protects you and your husband for when you
damage others people's property. Your husband damaging your own car
isn't covered; you'd need
collision coverage
for that.
Normally, one isn't allowed to claim against a spouse's
bodily injury liability
coverages because it's believed it would lead to fraudulent
claims. A couple could then get into an auto accident merely
for the purpose of making a claim and collecting from the insurance
company.
In a few states, it's possible to make claims against your
spouse and car insurer, but it must be shown that your spouse's
negligence directly led to your damages, and you may need special
coverage to have this option. For example:
- In New York, you can obtain supplemental spousal liability
(SSL). It is an optional coverage that protects the
insureds (up to the limit they choose) if they are found to be at
fault in an accident that injured or killed their
spouse.
- In Maryland, there is supplemental family member liability
(SFML) that you can purchase. This optional coverage
protects insureds if they are found to be at fault in an accident
that injured or killed a family member. SFML has limits
that are equal to the bodily injury
limits
you purchased.
Your state insurance regulator can tell you if your specific
state laws allow you to claim against your insurer or sue your
spouse due to damages you received in a car crash and if there is
any supplemental coverage you'd need to allow this.
If instead you do want to sue your husband (so that your car
insurance company will come to his defense), then we'd recommend
you speak with a lawyer to determine your rights because state laws
vary and we are not legal experts.