How to Take Legal Action If You Are in a Wreck With Your Spouse

Car accidents are among the most stressful situations you may find yourself in. Regardless of how minor the accident is, the stress of filing a report with the police, working with your insurance agency, and possibly suffering injuries is taxing. Being involved in a car accident with your spouse adds a layer of stress to an already difficult situation.

Spousal Liability and Car Accidents

Understanding how spousal liability works is the first step in determining what type of legal action to take following a car accident. The driver who caused the accident is referred to as the at-fault driver, and that driver is liable for the accident. If your spouse is the at-fault driver, you are not to blame for the accident because you did not cause the accident.

However, there are instances in which you might be held liable for the accident your spouse caused. If your spouse is driving your car, you are responsible because you own the vehicle. If your spouse is on your insurance policy, you are responsible because you are the policyholder. The same rules apply if you and your spouse are listed on the insurance policy and co-own the vehicle.

Can You Sue Your Spouse After an Accident?

Suing your spouse following a car accident is complicated, but it can be done. First, make sure your state is not a no-fault state. A no-fault insurance law means that every driver’s insurance company is responsible for the cost of injuries and damage following an accident. If you’re in a no-fault state, you cannot take legal action against your spouse following an accident.

You can sue your spouse if you are in a state that does not recognize no-fault insurance laws. It’s important to understand that some states recognize marital privilege even if the state does not recognize no-fault laws. You cannot sue your spouse in a marital privilege state unless you can prove your spouse was driving under the influence. This can be under the influence of alcohol and/or drugs.

Taking Legal Action Against Your Spouse

Following an accident with your spouse, reach out to a personal injury attorney to determine your state's insurance laws. If you can sue your spouse, there are several steps you must take following your accident. You must prove your spouse’s actions or negligence caused the accident you were in. Contacting a personal injury attorney is the next step if you have not already done so. A personal injury attorney walks you through each step to determine if there is a basis for a lawsuit.

Suing your spouse following a car accident is a big decision. It’s a decision no spouse wants to make themselves in a situation to make, but calling a personal injury attorney is a logical first step. In addition to the stress a car accident takes, the confusion about what to do in the hours and days following an accident can be significantly better when you reach out to a personal injury attorney.