Should I Sue My Husband or Wife If I Am Injured in a Car Accident?
If you’ve been injured in a car accident where your spouse was driving, you may be hesitant to take legal action – especially if the idea of “suing” your partner feels uncomfortable or adversarial.
But in many cases, making a claim against your spouse is not only necessary—it’s the only way to be compensated for your injuries
Here’s what you need to know.
It’s Not About Blame—It’s About Coverage
In Ontario, when someone is injured in a car accident, their first source of compensation is accident benefits through their own auto insurance policy. These benefits cover things like medical and rehabilitation expenses, income replacement, and attendant care. But in more serious accidents, these benefits often aren’t enough.
If your spouse was at fault—or even partially at fault—you may be able to bring a tort claim against them to recover additional compensation for:
- Pain and suffering
- Loss of income
- Housekeeping or caregiving expenses
- Future medical care
- Loss of enjoyment of life
While this technically involves “suing” your spouse, the purpose of doing so is to bring in his or her insurance company that pays the compensation—not your spouse personally.
Why It’s Often Necessary
You’re not trying to get money from your partner’s pocket. You’re making a claim against their insurance policy, which exists specifically to cover these types of situations.
Auto insurance policies in Ontario typically include third-party liability coverage of at least $1 million. If your injuries are serious, accessing that coverage through a tort claim can make a significant difference in your recovery and financial stability.
Will This Affect My Spouse’s Insurance?
In most cases, yes—anytime a claim is made against someone’s insurance, it can affect their premiums. But this should be weighed against your potentially high costs of care, time off work, and long-term consequences of your injury. Many spouses choose to proceed with a claim together, understanding that the ultimate goal is to secure the resources needed to heal and move forward.
These types of claims are common, and insurance companies are used to handling them. A good personal injury lawyer will explain the process in clear, supportive terms, and help you manage any emotional or practical concerns along the way.
You’re not alone in this—many families have faced the same dilemma, and many have successfully made claims without creating conflict.
If you’ve been injured in an accident involving your spouse, you may be entitled to more support than you realize. Contact our Personal Injury team at info@nelliganlaw.ca to learn about your options and how we can help protect your recovery and your family’s future.