Not long ago, DC accident claims against family members were prohibited in all jurisdictions. The rationale was that it is terrible public policy for family members to sue each other. This was true even of pre-litigation settlements against family members. The law was called inter-family tort immunity, which included spousal immunity. In most jurisdictions, a victim of negligence may make accident claims against family members, although the claim is limited to the insurance policy limits. This is a much better law, allowing compensation under a policy paid for just such an occurrence (to compensate those injured by the insured’s negligence). Therefore, if you have been injured due to the negligence of a family member, consult with a DC auto accident lawyer today to discuss what options may be available.
Accidents involving family members are more common than people realize, and when they happen, injured parties may wonder if they can pursue compensation. Consider how often families ride together in the same vehicle. Then, in roughly half of the accidents in Washington, DC, at least one of the drivers is at fault. Now imagine that you are riding in the car with your family. Your father is driving the car, your mother is in the front seat, and your sibling is in the back with you. Your father is speaking with your family, and his attention is not on the road, which causes him to rear-end the vehicle in front of you. Unfortunately, everyone in the car sustains serious injuries.
In this scenario, you cannot sue the driver of the car in front of you because he is not at fault. The only person you can sue is the driver of your vehicle, your father. So, why would you do this? Is it not immoral to file a lawsuit against your father? Here is why you would not do it. If your father does not have auto insurance, then he is personally liable for damages sustained out of the accident. If that is the case, maybe you should think twice before filing a lawsuit. However, if he does have insurance, you can sue only up to the amount that insurance will cover if you choose. This allows you to get the compensation you deserve. But what about raising his insurance rates? If he is in an auto accident, his rates will probably increase.
And if the other driver is already making a claim, they are almost certainly rising. Thus, there is no harm to your father to make additional claims under that policy.
Under statutory law, you can now make a pre-litigation claim or file a lawsuit against a family member for negligence arising out of a DC car accident. Ultimately, DC accident claims against family members are about compensating you for your injuries so you can pay your bills. It is not necessarily something done out of indignation against a family member. Moreover, in many cases, particularly if their insurance rates are already increasing (which will happen so long as their insurer is aware of the accident; the family member is required to inform them), there is no additional cost against the family member.
Our DC car accident attorneys have practiced personal injury law in Washington, DC, for over 71 years. In countless instances, we have had family members tell us that they already have a claim made against them by another party in the accident. So, they want their family member to get at least a part of their own policy.
Filing an accident claim against a family member can be legally straightforward but ethically complex. In 2025, there are no additional legal considerations beyond the standard nuances of personal injury law that apply to DC accident claims against family members. The sole exception to this is if a family member is an excluded driver under your auto policy. If you are unsure whether your family member is excluded, please feel free to forward your insurance contract to our office. We will parse through the language and determine if there are excluded drivers.
A few years ago, we represented a woman who was very seriously injured when her husband drove his vehicle, in which my client was a passenger, into the garage of a home. The accident was covered on the local news. The elderly husband swore that the brakes failed and that the vehicle operated independently to cause the accident. Not surprisingly, the driver’s insurer inspected the car and determined that the driver’s error caused the accident. The wife’s injuries included a fractured kneecap and significant residual scarring. The medical bills incurred were in excess of $50,000.00, and the case ultimately settled for several hundred thousand dollars. My client was fortunate that she and her husband had a substantial policy and that the law now allows a spouse to claim her husband.
The car accident lawyers at Gelb & Gelb have handled DC accident claims against family members in the District since our founding over 71 years ago. These cases operate just like any other car accident case. The biggest hurdle in these cases is explaining to a family member that the at-fault driver’s rates will increase regardless of if you take action against the family member. Once this is made clear, most family members will understand your financial burden after the wreck and want you to get the compensation you deserve.
Contact our office today for a free consultation to discuss DC accident claims against family members at (202) 331-7227.
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