Can my daughter sue her insurance for personal injuries?

Asked almost 3 years ago - Atlanta, GA

My daughter was the passenger and her husband lost control of the car and hit a tree. She had injuries to her arm and chest.

Attorney answers (5)

  1. Kenneth L. Shigley


    Contributor Level 13


    Lawyer agrees

    Answered . Liability coverage applies if you can sue someone who was at fault and they are covered by insurance. Georgia has spousal immunity so she could not sue her husband. Moreover, the insurance policy likely includes a clause that would prevent her from collecting under the policy in a claim against a family member who is covered by the policy even if there were not spousal immunity.

    If they purchased medical payments (medpay) coverage as part of the auto insurance policy, she could use that to get medical bills paid. Medpay is purely optional coverage. I hope they have it.

    She should get a lawyer to review their insurance policy.

  2. James Martin Roth

    Contributor Level 8

    Answered . Terrance is correct. It really depends on a number of factors. I am happy to speak with you and give you my analysis. Jim Roth

  3. Glen Edward Ashman


    Contributor Level 20

    Answered . Make sure that she does not talk to the insurer. It is very important that she see a lawyer ASAP. She may be able to pursue her medical injuries, plus pain and suffering. Passengers gneerally can pursue the driver's policy.

    I'd be glad to set a free consultation to review her case. Feel free to have her call me at 404-768-3509.

  4. Aaron P. Marks

    Contributor Level 11

    Answered . She may have a case depending on the type of insurance carried at the
    time. Please have her call my office to discuss.


    Aaron Marks
    Aaron Marks, Esq.
    The Marks Law Group, LLC
    103 W. Dearborn Circle
    Decatur, GA 30030
    404-939-1485 (ph)
    404-581-5902 (fx)

  5. Terrence Marc Rubino


    Contributor Level 14

    Answered . she needs to contact a GA lawyer that does injury cases. the best source is word of mouth, the GA trial lawyers association or the local county bar association. billboards/telephone book ads are not always the best source. i don't know GA law but in some states there is immunity for cases of negligence against a spouse. each state has different laws. good luck!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,593 answers this week

2,855 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,593 answers this week

2,855 attorneys answering