Florida allows for spouses to sue one another for negligent or purposeful actions (e.g., claims of negligence, battery, fraudulent concealment, intentional infliction of emotional distress, etc.). Therefore, if a person is injured in a car accident which was caused by his or her spouse, the injured person may file a claim or lawsuit against the at-fault spouse to seek compensation for his or her damages. Florida also allows an unemancipated minor to his or her parent for negligence, but only to the extent of available insurance coverage or in the case of intentional sexual abuse committed by a parent against the minor child.
Although Florida waives spousal immunity or parent-child immunity as discussed above, some insurance policies contain a family or household exclusion, which can prevent family members from collecting reimbursement for injuries suffered as a result of negligence of the insured driver. Family or household exclusions may appear in bodily injury liability, uninsured/underinsured motorist, medical payments sections of the automobile policies.
At Anna Handy Law Firm, P.A., we can help you determine proper avenues of recovery of your damages and obtain the maximum financial compensation for you. If you have been injured in an accident that was not your fault, please give us a call for a free non-obligation consultation. (386) 248-3000.