Understanding Spousal Immunity in New York: Explained by Brooklyn Car Accident Lawyer
It is very common for spouses to ride in a motor vehicle together. Whether it is out for dinner, running errands, or on vacation, it is natural for a spouse to be the most common passenger in a motor vehicle. It also means in a motor vehicle accident that there is a high probability a spouse may be a passenger. When a motor vehicle crash results in personal injuries to a spouse, most people in New York are surprised to learn about spousal immunity which often bars a personal injury claim. Here at Griss Law Group, our Brooklyn car accident lawyers know how devastating this can be for some seriously injured spouses who may have extreme pain and suffering after a crash. 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?
Most states have adopted a doctrine known as spousal immunity in car accident cases. This doctrine prohibits spouses from suing each other in a motor vehicle accident for personal injury damages such as pain and suffering. The same is true under New York law. Under New York Insurance Law section 3420(g), a spouse injured in a motor vehicle accident caused by the other spouse may not sue 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.
It’s also important to understand how New York’s no-fault insurance system fits into this picture. New York’s no-fault law requires that drivers first turn to their own personal injury protection (PIP) insurance for compensation after an accident, regardless of who was at fault. No-fault insurance typically covers necessary medical expenses, lost earnings from work, and other reasonable and necessary expenses (up to $25 per day for one year after the accident). However, this coverage is generally limited to “basic economic loss”—up to $50,000 per person.
To step outside of the no-fault system and pursue a lawsuit—including against an at-fault party who isn’t your spouse—you must have suffered what the law defines as a “serious injury.” Examples of serious injuries in New York include:
- Wrongful death
- Dismemberment
- Loss of a fetus
- Significant disfigurement
- Fracture
- Permanent loss of use of a body organ or function
- Serious limitation of use of a body system
- Permanent limitation of use of a body organ
- Injuries or impairments that prevent you from performing your usual daily activities for at least 90 out of the 180 days immediately following the accident
If you’ve lost a loved one in a fatal car accident, surviving family members may also be eligible to pursue a wrongful death lawsuit.
For most minor accidents between spouses, only no-fault benefits will be available, and you cannot seek extra damages for pain and suffering without that additional insurance rider. Understanding these distinctions is crucial if you or your spouse have been involved in a motor vehicle accident in New York.
What Qualifies as a “Serious Injury” or “Basic Economic Loss” in New York?
Under New York’s no-fault insurance law, not every injury from a car accident gives you the right to sue for compensation. In fact, you’ll need to meet specific legal thresholds in order to bring a claim beyond basic no-fault benefits. So, what actually counts as a “serious injury” or “basic economic loss” in the eyes of the law?
A “serious injury” typically includes, but is not limited to:
- Loss of a limb or dismemberment
- Fatal injuries (wrongful death)
- Permanent and significant disfigurement
- Broken bones or fractures
- Permanent loss, or substantial loss, of the use of a body organ, function, member, or system
- Significant limitations that affect your ability to use a body system or function
- Temporary, but medically determined, injuries that prevent you from performing your usual daily activities for at least 90 days out of the 180 days immediately following the accident
Meanwhile, “basic economic loss” is a combination of financial hardships directly related to the accident. This includes necessary medical expenses, reasonable and essential costs like household help or transportation (up to $25 per day for one year), and lost income from being unable to work. If your economic losses exceed $50,000, you may also meet this legal standard.
Understanding whether your injury or losses qualify under these definitions is crucial before taking legal action. If you’re unsure, speaking with one of our experienced Brooklyn car accident lawyers can clarify where your case stands and how to protect your rights.
Why Should You Act Quickly After a Car Accident?
If you’ve been in a car accident, it’s important not to wait before seeking legal guidance. Acting promptly can make a big difference for a few important reasons:
- Preserving Evidence: Fresh accident scenes and witness memories fade quickly. Critical evidence—like skid marks, damaged vehicles, and surveillance footage—can be lost or erased if not gathered soon after the crash.
- Protecting Your Rights: Insurance companies like GEICO and Allstate often reach out soon after an accident. Having your own legal advocate early can help you avoid common pitfalls and missteps when dealing with adjusters.
- Meeting Deadlines: New York law sets strict timelines to pursue claims. Missing these deadlines—even by a day—may prevent you from being able to bring a case at all.
For all these reasons, reaching out to experienced car accident lawyers as soon as possible can provide peace of mind and help ensure your rights are protected from the very start.
How Long Do I Have to File a Personal Injury Lawsuit After a Car Accident in New York?
If you’ve been hurt in a car accident in New York, it’s important to know you don’t have an unlimited amount of time to take legal action. In most personal injury cases—including those involving motor vehicle accidents—you generally have three years from the date of the accident to file a lawsuit for compensation. This time limit is known as the “statute of limitations.”
Missing this deadline will almost always mean your case is dismissed, and you lose the right to recover damages for your injuries. There are some narrow exceptions that can extend or shorten the deadline, but they are rare and depend on the specific circumstances of your case. For example, claims involving municipalities or government agencies often have much shorter time frames, sometimes requiring a notice of claim within just 90 days.
If you aren’t sure about your deadline or your case has unique circumstances, it’s best to consult with an experienced Brooklyn car accident lawyer quickly to protect your rights—waiting too long can make all the difference in your ability to recover.
How New York’s Comparative Negligence Law Impacts Your Compensation
Many accident victims are surprised to learn that in New York, fault in a car accident isn’t always all-or-nothing. Instead, New York follows what’s called the “comparative negligence” rule. This means that if you’re injured in a car crash but are found to be partially responsible, you aren’t automatically barred from recovering compensation. Instead, your financial recovery will be adjusted according to your level of fault.
Here’s how it works:
- If you are found partially at fault, the court will assign you a percentage of responsibility.
- Any damages awarded to you will then be reduced by your percentage of fault.
For example, if you suffered $1 million in damages but were found 20% at fault, you would still be eligible to recover $800,000. This system is designed to be fair—to hold everyone accountable for their actions while still allowing innocent or partly at-fault injury victims the chance to recover for their losses.
Because insurance companies often try to place more of the blame on injured parties to protect their bottom lines, having an experienced Brooklyn car accident lawyer on your side can make a significant difference. We know how to protect your rights and push back against any attempts to reduce your rightful compensation.
Are There Exceptions to Spousal Immunity?
Yes, there are limited exceptions. The most common would be where spouses sign spousal riders with their insurance carrier which allows a spouse to commence an action against another spouse. This is extra or special insurance coverage in addition to your normal policy, and it will increase the premium. However, it will allow a spouse injured in a car accident to commence an action against another spouse for pain and suffering or other noneconomic damages where the spouse was at least 1% at fault for the crash. 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
Why You Shouldn’t Wait to Call a Lawyer After a Car Accident
Time isn’t on your side after a car crash—especially when legal matters are involved. Reaching out to a lawyer right away helps you avoid missing important deadlines, like the statute of limitations, which can vary by state. The sooner you act, the easier it is to gather fresh evidence, get witness statements while memories are clear, and protect your rights.
Delaying can not only put your claim at risk, but also make it harder to secure the compensation you deserve. Don’t wait and wonder if you have a case. A quick call can make all the difference in getting the guidance and support you need.
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.
