can I sue my husband?

[jennycap]

What is the name of your state? New York


About 2 years ago I was injured by my husbands car as it was parked in the driveway of our apartment. The rear hatch back slammed down and cut my nose open - I had stitches and a year later more surgery. Everything is documented and our insurance company paid for ALL medical expenses, etc......

Question; Can I sue the insurance company? Would this go through our car insurance policy or our renters insurance policy? What is the staute of limitations (December will be 3 years....)

I know this is legal - I have heard of a mother suing the husband on the son's behalf for instance.....

 

[ALawyer]

I am not up on the exact status of the law in NY State in terms of interspousal immunity -- but generally in those states which have abolished interspousal immunity you can sue a spouse and the liability insurance company would defend and if necessary cover any damages. In these types of cases, regardless of what the law is, juries are often not very sympathetic or generous, so unless there was real injury -- and some form of permanent scar or impairment don't think the insurance company will settle for big bucks and give you a windfall. Also you won't collect for the medical bills twice.

But definitely speak to a lawyer -- auto accident and personal injury lawyers on www.AttorneyPages.com do NOT charge for initial consultations. And they know the exact status of the law in NY on interspousal immunity and the statute of limiations.