Can I Sue My Family Member for Causing a Car Accident?

Car accidents involving loved ones can be complicated, both legally and emotionally. If you are a passenger in a vehicle and the driver—such as your girlfriend, boyfriend, spouse, or a family member—causes a crash, you may still be entitled to compensation for your injuries. Most people are hesitant to sue a loved one, but pursuing their insurance policy is often the first step. In Texas, you can typically file a claim against the driver’s auto insurance to cover your medical expenses, lost wages, and other damages resulting from the accident.

Sometimes, insurance companies limit payments for claims involving family members. This is often done to prevent fraud, such as staged accidents or intentional injuries, which can result in reducing your payout to the state minimum—even if the policy provides more coverage. For example, a $500,000 policy could be limited to $30,000 in these cases. However, you are not necessarily out of options. If the insurance company refuses to cooperate or undervalues your claim, you may need to pursue legal action against the at-fault driver to recover fair compensation.

It’s important to understand that being a passenger in your own vehicle does not prevent you from filing a claim. If a third party is initially believed to be at fault but investigation shows your loved one caused the crash, you can pursue compensation through their insurance. In all scenarios, having an experienced personal injury attorney is essential. They can review all available coverage, guide you through the claims process, and ensure you receive the full value of your case without unnecessary delays or reductions.