What Is New York’s Supplemental Spousal Liability Insurance?

What Is New York’s Supplemental Spousal Liability Insurance?
Calendar icon August 15, 2023 | Reading Time: 3 min

Recently, Governor Kathy Hochul signed a new piece of legislation that requires auto insurance providers to provide protection known as supplemental spousal liability insurance to all applicable automobile insurance plans starting August 1, 2023.

So what exactly is this coverage, and how could it be of benefit to you?

What Is Supplemental Spousal Liability Insurance?

Supplemental spousal liability insurance provides bodily injury liability coverage in the event that your spouse is responsible for an accident and you, as a passenger, are injured as a result. In other words, if one spouse causes an accident due to his or her negligence while driving, the other spouse is able to collect compensation from his or her own insurance company due to the driving spouse’s responsibility for the car crash.

Until recently, the insurance company could deny coverage to a spouse even if the insured caused an injury that would generally be covered by bodily injury liability insurance coverage. Prior to the passage of the newest insurance law signed by Gov. Hochul, claims brought by one spouse against the other spouse were not covered unless the insured opted into supplemental spousal liability insurance.

Can You Really Sue Your Spouse With Supplemental Spousal Liability Insurance?

The short answer is: Yes, you can. However, you still need to prove that your spouse was at fault for the accident.  Although there may be some hesitancy to file a claim for bodily injury against your own spouse, the fact is that if you were injured through the negligence or fault of your spouse, you should be compensated for your injuries by your and damages from your insurance company just like anyone else.

Can You Opt Out Of Supplemental Spousal Liability Insurance?

Since January 1, 2003, auto insurance providers have been required to give notice of the availability of supplemental spousal liability insurance coverage. As the policyholder, you had the option to opt into the additional coverage.

As of August 1, 2023, New York Insurance Law requires auto insurance providers to include supplemental spousal liability insurance into the policy, even for those who are unmarried or single, unless the coverage is explicitly declined by the policyholder in writing. This applies for all new and renewing auto insurance policies.

What Happens If Your Spouse Causes An Accident And You Do Not Have Supplemental Spousal Liability Insurance?

If you declined supplemental spousal liability coverage (which must be submitted in writing to your insurance company), then you will not be able to collect damages in the event that your spouse causes an accident.

However, your no-fault insurance will still cover your medical expenses and lost bills up to $50,000, even if your spouse is either fully or partially at-fault for your injuries.

Questions About Insurance Coverage? Contact An Experienced Car Accident Attorney

Changes to insurance laws can be confusing, but the attorneys at Cellino Law are dedicated to understanding new pieces of legislation and the implications they may have on our clients. We have been following this updated law, as it may have a significant impact if a spouse is severely injured or killed in a car crash caused by their partner. If you have been injured in a car crash where you believe your spouse may have been at fault and have questions about how supplemental spousal liability insurance can help you, call us at 888-888-8888.

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.

    Linda

  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!

    Jayne

  • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.

    Marcy

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • I really appreciated your determination and efforts on handling my case. You have done an outstanding job, and I am very satisfied with the outcome of the settlement. Thank you so so much John.

    Amparo