A car accident can be a stressful and confusing experience. Unfortunately, it may seem more complicated if a family member causes it. However, remember that you can file a claim for a car accident caused by a family member. While this can be confusing, it is the best legal action for you to seek compensation for the damages you sustained.
In this article, you will learn when to pursue compensation for the damages of a car crash resulting from a loved one’s wrongful actions and what to do to avoid further legal complications.
What Should I Consider Before Filing a Case Against a Family Member?
If a car crashes due to a loved one’s wrongful actions, your first question in mind may be, “If I’m a passenger in a car accident, can I sue against a family member?” In most cases, you can file a claim against a family member if your damages from the collision result from their wrongful actions.
However, this may seem complicated, especially if you are close or related to the liable party. This is why it is crucial first to consider the following factors before you seek compensation:
Is Your Family Member At Fault for the Accident?
The first and most crucial factor to consider before filing a case is liability in a car accident.
In the context of personal injury law, liability refers to the legal responsibility of an individual or party to compensate an injured person for damages caused by their wrongful actions. Note that a party can only be responsible for the damages if the accident and the damages directly result from their behavior.
For example, if a driver is operating a vehicle while drowsy, it would be considered negligent behavior. A reasonable person would avoid driving while fatigued, knowing it poses a danger to others on the road. If this negligence results in a rear-end collision that causes injuries, the drowsy driver would be liable for the accident. They would be responsible for compensating the injured party for any resulting damages, such as medical expenses, lost wages, or property damage.
Before you file a claim, it is essential to determine clearly whether your family member was at fault in the car crash. Doing this will help ensure your claim is valid and increase the likelihood of receiving compensation while avoiding potential conflicts with your family.
Does Your Loved One’s Insurance Cover Your Damages?
Generally, when you file a claim against a family member, you seek compensation from their insurance provider. So, determining if they have insurance coverage and if it covers your damages can help determine if you can receive a settlement.
Auto insurance policies often cover damages to others, even if the at-fault driver is a family member. In California, auto drivers must carry minimum liability insurance to cover expenses in the event of an accident. According to California Vehicle Code §16056, the minimum coverage required includes:
- $15,000 for injury or death of one person,
- $30,000 for injury or death of multiple people and
- $5,000 for property damage.
However, some policies may have exceptions or limitations when it comes to claims between family members. Before filing a claim, review your policy details or consult a car accident attorney to ensure your insurance will cover your damages.
Is the Compensation You Might Recover Worth the Potential Strain on Your Family Relationship?
The truth is that filing a case against a family member can strain your family relationship. However, remember that when doing so, you are not fighting against them but against their insurance company. It is best to discuss the accident with your family members openly and gather information and insights that can help inform your decision-making process. You may also contact an experienced car accident lawyer who can provide legal guidance on your rights and options, helping you make an informed decision about your claim.
Can I File a Claim If I’m a Passenger in a Car Accident Caused by a Family Member?
If you are a passenger hurt in a car accident caused by a loved one, you can file a claim against your insurance provider to receive compensation for the damages. However, you can only do so if you prove their actions directly caused the crash and your injuries.
To determine if you have the right to compensation, answer the following questions:
- Did your family member act in a way that endangered your safety?
- Did their actions cause an auto collision?
- Did you sustain injuries or other damages from the car crash?
If you answered yes to these, you likely have a claim. However, some insurance policies may have specific exceptions or limitations regarding claims filed between family members. These exclusions can prevent one family member from recovering damages from another’s insurance policy in certain situations.
What Are Intra-Family Exclusion Policies For Car Accidents, and How Can It Affect My Case?
While you can seek compensation for injuries sustained as a passenger, it may become more complicated if the driver is a family member. Many auto insurance policies include household or intra-family exclusion clauses, which limit or deny claims filed between immediate family members, such as parents, siblings, or spouses. These exclusions prevent potential fraud or inflated claims arising from close familial relationships.
Moreover, there are cases where you can claim compensation for the damages if you are a passenger hurt in a car accident caused by a family member. However, the policy may limit the amount you can collect. Instead of receiving the full bodily injury liability coverage chosen by the driver, you can only claim up to the state’s minimum liability coverage.
For example, you sustained leg injuries from an auto crash resulting from your father’s negligence. In this situation, even if you have $50,000 worth of damages, you can only claim $15,000 worth of bodily injury coverage since that is California’s minimum liability coverage for injuries. This also applies even if your father has a $300,000 coverage limit.
Since the intra-family exclusion policy can restrict or limit your ability to seek compensation, we recommend consulting a California auto accident lawyer who can review these coverages, ensure you are aware of any restrictions, and guide you through the best legal steps to receive a settlement for an accident involving a family member.
What Happens If Multiple Parties Are Liable for My Injuries?
In some instances, multiple parties can be liable for a car accident. When this happens, you can file multiple car accident claims simultaneously to maximize your compensation.
For instance, your father crashed into another for speeding. During the investigation, it was discovered that the other driver was guilty of drunk driving. In this situation, you can seek compensation from your father’s insurance provider and the other driver’s.
While you can seek multiple cases at the same time, this can be overwhelming, especially if you are recovering from your injuries. This is where hiring a car accident lawyer can be beneficial. They can manage all your claims, ensuring you get compensation that covers all your damages appropriately.
What Damages Can I Seek Compensation For?
When settling a personal injury case, the amount of compensation you may receive is influenced by the actual damages caused by the accident. It’s not only about financial losses but also about how the incident has impacted your quality of life.
For instance, in a car accident that results in a permanent head injury preventing you from enjoying activities you once loved, compensation for loss of life enjoyment can be factored into your settlement, recognizing how your overall well-being has been affected.
Here are the damages you may include in your compensation:
- Economic Damages cover financial losses that can be documented. These can include medical expenses, future medical needs, vehicle repair or replacement, lost wages, and future income loss.
- Non-economic damages are intangible losses that affect one’s emotional and mental well-being, such as pain and suffering, emotional distress, Post-Traumatic Stress Disorder, loss of enjoyment of life, and loss of companionship or affection.
- Punitive Damages may be awarded if the at-fault party’s actions were especially reckless or intentional. These are not compensatory but rather serve as a penalty to the at-fault party.
Estimating non-economic damages can be particularly challenging since these losses cannot be easily measured with receipts or bills. However, an experienced personal injury attorney can assess the full extent of these intangible losses. They can accurately estimate your non-economic damages, ensuring you receive the maximum compensation for your pain and suffering. With their expertise, your case will be built stronger, increasing your chances of a comprehensive settlement.
How Can a California Auto Accident Lawyer Protect My Rights?
In reality, filing a case against a family member is not easy. If not properly discussed and handled, it can create tension and additional stress for your family during this challenging time.
This is why it is crucial to seek legal assistance from a legal expert who can manage everything and anything about your case, from gathering evidence to communicating with the insurance provider.
Overall, a car accident lawyer can assist you in several ways, such as:
- Collecting sufficient evidence
- Proving the negligent party’s liability
- Evaluating the total damages
- Negotiating with the insurance company
- Representing you in court, if necessary
At Jacoby & Meyers, our experienced auto accident attorneys will thoroughly investigate your case and determine your best legal options. Call 800-500-0000 for a free consultation and immediate legal advice.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While numerous law firms may assert comparable statements, we provide substantial legal assistance to our clients. Consequently, we encourage our past clients to share their positive experiences with our legal services.
“I had the pleasure of working with Maria Estrada, and I can’t speak highly enough about her professionalism and dedication. She was incredibly responsive and attentive throughout the entire process, making sure all my questions were answered promptly and thoroughly. Maria went above and beyond to ensure everything went smoothly, and her expertise was evident every step of the way. I highly recommend her services to anyone looking for exceptional service and a stress-free experience. Thank you, Maria!” -cdanganan77
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.