May I make a claim against a family member if I am a passenger in an accident caused by my spouse or child?

            Absolutely. An example is this scenario. Your husband is following to close behind a car and rear ends a vehicle. You are a passenger in the vehicle owned by both you and your husband. You are injured and have to be transported to the hospital. The driver of the vehicle in front of your husband is also injured and transported to the hospital. Both you and the other individual have a claim against your insurance policy.

 

            There is no reason why you should have any less right to recover for the negligence of the driver as does the victim in the other vehicle. 

Tom Hall
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Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law