Ifmy spouse received a monetary settlement from a car accident while in our car, wouldI be entitled to some of the settlement?

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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 10 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. 


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