A common situation we see is that someone is in the car with a relative who is driving and the relative is the cause or partial cause of the accident. Our client will ask their rights in this situation and part of that question entails whether they can sue their relative. Please accept this response from our accident lawyer in Boca Raton (injury attorney Plantation, accident attorney Tamarac, accident lawyer Margate, injury lawyer Parkland).
Please call Drucker Law Offices for a free consultation at (561) 483-9199 for Palm Beach County; (954) 755-2120 in Broward County; or (305) 981-1561 in Miami-Dade County.
Generally, someone can sue their relative. There is not a lot preventing you from suing your cousin, for example, on the sole basis of the family relationship. Assuming the relative has insurance for injuries, then generally that insurance will pay the relative for their injuries. One exception is that some auto insurance policies contain a provision which states that the bodily injury coverage does not apply to “resident relative.” Thus, if you live with the relative, then you can sue your relative (and you would ultimately have to collect money directly from the relative; it is unlikely that one relative would want to take money from another relative) but may not be able to make a claim against his insurance. Less common but the policy may exclude claims against any “relative” and if that is the case, then the bodily injury coverage would not apply if you are related but do not even live together. The policy must be read to see how it is worded, to determine whether an insurance claim is possible.
So the general answer here is yes, you can sue your relative for an accident case where the relative is at fault; however, you may not be able to make an insurance claim if you live with that relative or if the policy otherwise states that bodily injury claims against relatives are excluded.
If you have been in an accident and would like a free consultation regarding your rights, please call us at 561-483-9199; or 954-755-2120; or 305-981-1561. We only charge fees if we recover money for you. We have our principal office in Boca Raton and satellite offices in Miami, Coral Springs, Lake Worth, Boynton Beach and West Palm Beach.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
