Ifmy spouse received a monetary settlement from a car accident while in our car, wouldI be entitled to some of the settlement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Ifmy spouse received a monetary settlement from a car accident while in our car, wouldI be entitled to some of the settlement?
Asked on August 19, 2011 Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I can nor speak for the laws in Minnesota, but in New York the settlement proceeds from a personal injury settlement are the separate property of the injured party. However, in New York a spouse can also sue for loss of services as a separate cause of action that is ties to the injuries of the other spouse. But the right of the non-injured spouse to collect from the settlement of the injured spouse does not arise because of whose car the injured spouse was in at the time of the accident. So the answer here would be no, it does not automatically entitle you to some of the settlement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.