Can I Sue A Family Member Or Friend After A Car Accident?

Can I Sue A Family Member Or Friend After A Car Accident

Getting into an accident is stressful and traumatic enough, but when that accident is the fault of someone you love, there can be an added layer of stress and trauma. Many people think that choosing to sue a family member/friend after an accident means that you have to sacrifice the relationship for financial compensation, but Virk Lawyers are here to tell you that it doesn’t have to be the case.

Choosing to sue a family member/friend is not a confrontation or accusatory. It is simply you seeking financial support if your life has been changed by an accident. To help you navigate this sensitive and complicated topic, we’ve compiled this guide to suing a family member/friend after an accident to help you secure the compensation you deserve.

Does Suing My Family Member/Friend Affect Them?

Suing someone can have an effect in several ways. The most important effect that suing can have on your family member or friend is an increase in their insurance premium. This is standard practice after an at-fault accident, but it’s important to remember that this is a crucial step in ensuring you can financially support yourself after a life-changing accident.

It’s also important to note that an insurance premium will rise after an accident no matter what. Regardless of whether you sue, your loved one’s insurance will cost them more, so you should pursue a lawsuit no matter what.

Who Pays When I Sue?

After an at-fault accident, your friend or family member doesn’t have to write a cheque to you. The insurance company will pay out the cost of your claim, meaning you’re not demanding financial compensation out of your loved one’s pocket.

Insurance exists for this very reason, and typically, the insurance company will represent themselves, testifying about their involvement in the accident on the defendant’s behalf. The insurance company typically handles most of the legal matters, so your loved one is unlikely to be heavily involved in the process.

Typical insurance policies provide for up to $1,000,000 to cover your claim.

Getting Compensation For Your Recovery

Having an accident is devastating no matter how big or small and can leave you with life-long mental and physical ailments that impact most aspects of your life. This is why it’s so important to receive financial compensation after an accident. To help you understand why you should pursue legal action, here is a guide to all of the ways a car accident can detract from your life:


Depending on the severity of your accident, your recovery time can differ. If you’re in a serious accident that requires you to be in hospital for many days, weeks or months, your recovery time can take away valuable time from your life.

While medical care is free at the point of use in Canada, your recovery isn’t limited to the hospital. You may require round-the-clock care at home while you recover from your injuries. Hiring a personal caregiver can be costly, so it’s important to seek compensation to cover this.

Lost Income

While you’re recovering, you may be unable to work for a period of time. This means you’re not bringing money in, placing you in financial danger, which can be emotionally and physically stressful. Compensation helps to ensure you’re covered for the period that you’re not working.

Long-Term Effects

Car accidents can leave you with life-limiting mental and physical ailments, which means you’re unable to pursue the same hobbies and interests that you once did. While money can never take away the pain and emotional turmoil, it can help support your long-term care needs such as residential support, therapy and changes to your working schedule.

How A Personal Injury Lawyer Can Help

Navigating the legal system can be complicated and stressful, especially when you’re suing a loved one. A personal injury lawyer can help you do this sensitively, helping you maintain your relationships while pursuing legal action.

A personal injury lawyer can also represent you if you feel unable to do this. This is especially important if your injuries prevent you from communicating or advocating for yourself.

Need A Car Accident Lawyer In Hamilton? Call Virk Lawyers.

If you require a personal injury lawyer in Hamilton who has experience dealing with car accidents, contact Virk Personal Injury Lawyers today. Our team of experienced and professional car accident lawyers can help you secure the compensation you deserve.