People get injured by their spouses and other family members from time to time, and may wish to file a personal injury claim in Stillwater, Oklahoma.
For example, one may be injured while riding as a passenger in the family car that is driven negligently by a spouse or family member.
When this happens, who will compensate you for your injuries?
Read on to find out if you can sue a spouse or family member for injuries caused by their negligence, and how Oklahoma insurance companies deal with a personal injury claim filed against a spouse or a family member.
Filing a Personal Injury Claim Against a Family Member
Basically, there are two main questions to answer in regard to filing a personal injury claim against a spouse or a family member.
- Can one spouse or family member sue another?
- Will a personal injury claim made by one spouse or family member against another be covered by their insurer?
In most cases, Oklahoma law allows a family member to file a lawsuit against another family member for injuries caused negligently or intentionally by the actions of another.
However, since spouses normally share the bulk of their assets, typically a judgement rendered in favor of one spouse and against the other is a moot point.
Thus, the real question is how do insurers in Oklahoma handle claims brought by one spouse or family member against another?
Typically, a spouse can make a personal injury claim for injuries caused by their counterpart’s negligence — even if they own the insurance policy jointly.
However, insurers are allowed to exclude coverage for claims in which the insured may be partially liable because of close familial ties, as long as the policy meets the statutory minimum liability requirement.
So, the negligent spouse’s insurer would only be responsible for anything up to the statutory minimum liability limit.
This does not preclude your insurer from providing coverage in excess of the statutory minimum, and this may very well be the case. So, you should always check the exclusion section of your policy and speak with your insurance agent to find out whether your policy provides coverage for spousal or familial liability above and beyond the statutory minimum liability requirement.
Initial Strategy Session: Stillwater Personal Injury Attorney
Wirth Law Office – Stillwater offers low-cost initial consultations with a Stillwater personal injury attorney. Call 405-673-1600 or 1-888-Wirth-Law (1-888-947-8452) today.
If you prefer e-mail, you may also submit your question for the Stillwater lawyers in the “Ask an Attorney” form at the top right of this page.
