Understanding Spousal Immunity in New York: Explained by Brooklyn Car Accident Lawyer
This is why our personal injury law firm is dedicated to helping individuals and their families recover compensation after an accident in New York. We are also committed to helping educate New Yorkers on their rights, both before and after an accident. If you or a loved one were injured in a car accident in Brooklyn, NY, call our experienced car accident lawyers for a FREE consultation to learn what your rights to compensation may be under the law.
What is Spousal Immunity?
Under New York Insurance Law section 3420 (g), a spouse injured in a motor vehicle accident caused by the other spouse may not sure another spouse without an additional rider. This means that a spouse may only obtain no fault benefits for lost wages and medical bills, but not compensation for pain and suffering. The purpose behind this rule is to guard against insurance fraud, because the proceeds of a lawsuit would presumably be shared by both spouses.
Are There Exceptions to Spousal Immunity?
For example, if spouse A loses control and hits a pole, injuring spouse B in the crash, without a spousal rider spouse B would only be entitled to lost wages and medical bills. But with a spousal rider, spouse B would also be entitled to pain and suffering, which could be significant if spouse B suffered catastrophic injuries such as a traumatic brain injury, spinal injury, or broken bones.
Were You Injured in a Car With a Spouse? Not Sure if You Have a Spousal Rider? Let Us Help You
If you were injured in a motor vehicle accident caused by a spouse, and if you were denied coverage or unsure if you are entitled to commence a personal injury lawsuit for pain and suffering, call the Griss Law Group to schedule a FREE consultation with one of our car accident lawyers in Brooklyn, NY. We have a no-win, no-fee guarantee, meaning we only get paid after you get paid in a settlement, verdict, or other award. Learn more how we can help you by calling (718) 561-1111 or by sending us a message on our “Contact Us” box available here.