Can I Sue a Family Member After a NYC Car Accident?

Greenstein & Pittari, LLP, NYC Car Accident Lawyers

Getting injured in a New York City car accident is overwhelming. When the at-fault driver is your spouse, parent, child, sibling, or another close relative, the stress can feel even heavier. You may be dealing with pain, medical bills, missed work, and uncertainty while also worrying that taking legal action could damage your family relationships.

Here is the reality. You can pursue compensation after a NYC car accident even if the at-fault driver is a family member. In many cases, your recovery comes from insurance coverage, not from your loved one’s personal finances.

Injured in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island? Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation or start your confidential case review online.
The call is free. The consultation is free. You won’t be charged unless we are successful.

Can You Sue a Family Member After a NYC Car Accident?

Yes. New York law generally allows injury claims even when the at-fault driver is related to you. Most of these cases are best understood as insurance claims involving the at-fault driver’s auto policy, plus any additional coverage that may apply.

The more important question is usually what strategy protects you while keeping the situation as low-conflict as possible. That depends on:

• The severity of your injuries
• The insurance coverage available
• How New York’s no-fault system applies
• Whether the policy contains household exclusions or other restrictions

Insurance policy language matters, and insurers often use technical arguments to limit or deny coverage. That is where experienced NYC car accident counsel can make the difference.

The Emotional Reality of Suing a Family Member After a NYC Crash

It is normal to feel conflicted. Many people hesitate because they imagine a personal attack or a family war. In most family-member claims, the real dispute is not between relatives. It is between the injured person and the insurance company.

If you walk away from a valid claim, the party most likely to benefit is the insurer, since it may not have to pay you anything. Meanwhile, you may be left with:

• Unpaid medical bills
• Lost income
• Ongoing treatment costs
• Long-term limitations that affect your ability to work and live normally

Our role is to give you clear options, protect you from insurance tactics, and pursue fair compensation without unnecessary conflict.

Are You Really Suing Your Family Member or the Insurance Company?

In many cases, you are pursuing benefits through an insurance policy, even though your loved one’s name may appear in the paperwork. That distinction matters for the question most people worry about.

Will my family member have to pay out of pocket?
Often, no. The insurer typically pays covered compensation. If a lawsuit becomes necessary, the insurer generally provides and pays for defense counsel. Your loved one is rarely negotiating with you directly.

New York City No-Fault Insurance and Family Member Car Accidents

New York is a no-fault state. After a crash, most injured people first turn to Personal Injury Protection (PIP) benefits, regardless of who caused the collision.

PIP commonly covers:

• Necessary medical expenses
• A portion of lost wages
• Certain limited out-of-pocket costs

These benefits generally fall within what is often described as basic economic loss, commonly referenced as up to $50,000 per person.

When No-Fault Does Not Fully Protect You

No-fault does not automatically compensate you for everything, especially pain and suffering or serious long-term harm. To pursue additional compensation, New York generally requires that you meet the legal definition of a serious injury.

Serious Injury Threshold in New York and Why It Matters

New York Insurance Law § 5102(d) defines “serious injury.” Examples commonly include:

• Wrongful death
• Dismemberment
• Loss of a fetus
• Significant disfigurement
• Fracture
• Permanent loss of use of a body organ, member, or function
• Permanent limitation of use
• Significant limitation of the use of a body function or system
• A medically determined injury that prevents you from performing usual daily activities for at least 90 of the first 180 days after the accident

If you meet the serious injury threshold, you may be able to pursue damages beyond no-fault, even if the at-fault driver is a family member.

Common NYC Scenarios Involving Family Member Car Accident Claims

We regularly help clients in situations such as:

• Passenger injuries when a spouse, parent, or relative was driving
• Teen driver crashes involving injured parents or siblings
• Accidents involving visiting family members who do not live together
• Multi-vehicle collisions where a family member was only partly at fault
• Uber, Lyft, taxi, and rideshare incidents involving family vehicle use or shared fault

Coverage issues can differ dramatically depending on who owns the vehicle, who is insured under the policy, and which endorsements were purchased.

Spouse Car Accidents in New York and Supplemental Spousal Liability Coverage

Spouse-on-spouse injury claims can raise special insurance issues. A key factor can be whether the auto policy includes Supplemental Spousal Liability (SSL) coverage.

• If SSL was not included, an injured spouse may be limited to no-fault benefits only
• If SSL applies, an injured spouse may be able to pursue non-economic damages such as pain and suffering, assuming the serious injury threshold is met

Many families do not know whether SSL was included or declined. We review the policy and coverage elections to determine what is actually available.

Household Exclusions and Family Exclusions in Auto Insurance Policies

Some auto policies contain provisions that attempt to limit claims by household members. These disputes can become technical quickly. Your relationship to the driver does not make your injuries less real, and it does not give the insurance company a free pass.

If coverage is disputed, we look for every available path, including:

• Other drivers’ liability coverage
• Uninsured and underinsured motorist coverage
• Additional policies and endorsements that may apply

Wrongful Death After a NYC Car Accident Involving a Family Member

When a crash turns fatal, families deserve answers and financial protection.

In New York City, a wrongful death lawsuit may be available when negligence or reckless conduct causes a fatal crash. These are civil cases focused on accountability and compensation.

Who files a wrongful death claim in New York?

The wrongful death lawsuit is filed by the personal representative of the estate, who is named in a will or appointed by the court.

Damages that may be available in a wrongful death case

Depending on the facts, compensation may include:

• Medical expenses before death
• Funeral and burial costs
• Loss of income and financial support
• Loss of household services
• Loss of parental guidance and care
• Conscious pain and suffering through a related survival claim when applicable

Comparative Negligence in New York City Car Accidents

New York follows comparative negligence. You may still recover compensation even if you were partly at fault, although your percentage of responsibility may reduce your recovery. Insurance companies often try to shift blame to reduce payouts. Early legal guidance can help protect your claim.

NYC Car Accident Deadlines That Can End a Case

Deadlines matter. Missing one can end an otherwise valid case.

Commonly cited deadlines include:

• Three years from the date of the accident for many personal injury lawsuits
• Two years from the date of death for wrongful death claims
• Ninety days to file a Notice of Claim in many cases involving a city vehicle or dangerous roadway conditions

If you suspect a city vehicle or municipal roadway issue was involved, get legal advice immediately.

What to Do After a NYC Car Accident Caused by a Family Member

• Get medical care immediately and follow your treatment plan
• Document symptoms, appointments, missed work, and expenses
• Preserve evidence such as photos, witness information, and crash details
• Avoid recorded statements and broad medical authorizations without legal advice
• Speak with a NYC car accident lawyer before accepting any settlement

How Greenstein & Pittari, LLP Helps in Family-Sensitive NYC Car Accident Cases

When family relationships are involved, you need both legal strength and a careful approach. We help by:

• Reviewing no-fault, liability, SSL, and exclusion issues
• Investigating the crash and preserving evidence
• Building medical and wage documentation that insurers demand
• Calculating full damages, including future needs
• Negotiating directly with insurance companies
• Filing suit when needed to force fair compensation
• Handling the process in a way that reduces unnecessary family conflict

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation or start your confidential case review online.

FAQ: Suing a Family Member After a Car Accident in New York City

Do I have to sue my family member to get compensation?

Not always. No-fault benefits may apply first, and many cases resolve through insurance negotiations. A lawsuit may be necessary when injuries are serious, and the insurer refuses to pay fairly.

Will my loved one have to pay out of pocket?

Often, no. Compensation is typically paid by insurance coverage, and the insurer generally provides defense counsel if a lawsuit is filed.

What is the serious injury threshold in New York?

It is the legal requirement under Insurance Law § 5102(d) that generally must be met to pursue pain and suffering damages after a motor vehicle crash.

Can I sue my spouse after a car accident in NYC?

It may depend on whether Supplemental Spousal Liability coverage applies. We review the policy and explain your options.

What if I were a passenger in my parents’ or siblings’ car?

Passenger claims are common. No-fault usually applies first, with additional options if the serious injury threshold is met.

What if the policy has a household exclusion?

Household-related limitations can complicate claims. We analyze policy language and look for other applicable coverage, including other drivers’ insurance and UM or UIM benefits when available.

What damages can I recover?

Depending on the circumstances, damages may include medical expenses, lost wages, reduced earning capacity, rehabilitation, property damage, and pain and suffering when legally available.

Will a claim raise my family member’s insurance rates?

Premium impacts vary. Rate changes can be influenced by the accident itself, regardless of whether you pursue compensation later.

How long do I have to file in New York City?

Many personal injury cases have a three-year deadline from the date of the accident. Wrongful death claims are commonly described as having a two-year deadline from the date of death. Government-related matters may have a Notice of Claim requirement within 90 days.

What should I do if the insurance adjuster offers a quick settlement?

Be cautious. Early offers often undervalue serious injuries and may come before the full medical picture is clear. Speak with counsel before signing anything.

Why Choose Greenstein & Pittari, LLP

• Local Harlem office for convenience and trust
• No fee unless we win your case, Our Fee Guarantee
• Bilingual services available
• Hundreds of positive client reviews and testimonials
• We handle the insurance companies so you can focus on healing
• Top-Rated, Award-Winning Lawyers, Best Lawyers and Super Lawyers

Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).

At Greenstein & Pittari, LLP, we focus exclusively on personal injury law. We offer free consultations, work on a contingency basis, and fight for clients across New York every day. We have seven convenient locations throughout New York, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.

Call 1-800-VICTIM2 (1-800-842-8462) to schedule your free consultation and take the first step toward the compensation and justice you deserve. The call is free. The consultation is free. You only pay us if we are successful.