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My husband was driving when he lost control of his truck and slammed into a tree, causing me serious injuries as a passenger. Can I sue my husband for my injuries?

Yes.

In Ontario, you are able to make a claim against an at-fault party for injuries suffered in a car accident, even if that at-fault party is a spouse or other family member. Although it may be a difficult decision to make, bringing a claim against an at -fault family member is a necessary step in order to obtain compensation for your injuries.  In fact, it is not uncommon to see claims being advanced against family members for injuries suffered in a car accident since we often travel with our families in vehicles along our roadways.

Most insurance policies in Ontario are issued with at least $1,000,000 in liability coverage to respond to these claims.  Your husband’s auto insurer should respond to your claim for damages in the same way it would if a stranger had caused the accident. Your claim can include damages for pain and suffering, income loss, health expenses and other expenses. There are strict time limitations to start a lawsuit in Ontario. Don’t delay obtaining legal advice!
Francesca Rollo
Francesca Rollo
P: 905.572.5825
frollo@rossmcbride.com