Many people wonder if they can, and if they should, seek compensation for an injury if they were injured as a passenger in a family member’s car in a car accident. In Massachusetts, you can file a personal injury claim against a family member.
Suppose you were hurt in a car accident of any kind as a passenger. In that case, you have the right to file an injury claim against the driver of the car you were in and perhaps even another driver if another vehicle was involved in the accident.
If the family member driving the car you were injured in was at fault for the accident, then the fact of the matter is that their insurance rate will go up regardless. Whether you file an injury claim against them or not, they will see an increase in their insurance premium.
Because their insurance premium will go up regardless, we recommend that you file an injury claim if you were injured in a car accident. Chances are that your family member responsible for the accident will also want you to be able to get all the medical care, treatment, and rehabilitation you need to get better and heal.
We understand that lawsuits can make people feel uncomfortable, but it doesn’t have to be personal at all. Assuming your family member who was driving has car insurance, you’re not really suing your family member - you’re actually suing their car insurance company. The car insurance will be the one to provide an attorney and to provide any damages and compensation that you’re legally owed for your injuries.
By not suing your family member after a car accident, the only entity that benefits is the insurance company because they won’t have to pay for your medical care, lost time from work, or pain and suffering.
If you do file a claim, however, it won’t hurt your family member’s personal finances, and you’ll get the benefit of getting all the care that you need and all the compensation that you deserve. In fact, we’ve even helped clients “sue” their spouses after a car accident.
While this scenario can play out in many ways — you might be driving with an aunt, uncle, cousin, grandparent, sibling, and so on at the time of the crash — a common scenario for family lawsuits after car accidents is children filing injury claims against the parents.
Even minors can file injury claims against family members, including their parents or guardians, to ensure that they are able to get all the medical care and compensation they need and deserve after a car accident. Parents, in particular, are glad to facilitate their child being represented by an injury attorney. They understand that their child suing them means that their child will be suing their car insurance company and will be able to get compensation for their medical care, pain and suffering.
It’s important to remember that car insurance exists for this purpose. People have car insurance to be protected and ready if their car is damaged or someone is injured in a car accident. When you sue someone after being injured in an accident, you’re really just utilizing the system that’s in place for your exact circumstances. Insurance companies already have money set aside for you when you’re injured in a car accident. You filing an injury claim is essentially your way of claiming what you’re already entitled to.
Injured in a Car Accident While a Family Member was Driving? Massachusetts Car Insurance Injury Attorney Offers FREE Consultations
Spada Law Group’s Massachusetts Car Accident Attorneys offer free consultations to walk you through the process if you were injured in a car accident as a passenger when a family member was driving.
Our injury attorneys will take the time to learn about your case, answer all your questions and explain your rights and options after an accident. If you were injured, the law provides for your full recovery. If you have any questions or hesitations about suing a family member, we’d be happy to address any concerns together.
We have offices in Chelsea, Peabody and Worcester, but we can meet with you remotely from the comfort of your own home via teleconference.