Can I Make a Car Accident Claim If My Spouse Was Driving?
Many injured passengers assume they cannot make a car accident claim when their husband or wife was the driver of a vehicle involved in a car accident. Some worry that making a claim would mean taking money from their spouse or create financial problems for their family.
In Ontario, being married to the driver does not prevent an injured passenger from pursuing compensation. Depending on how the accident happened, the passenger may be entitled to accident benefits, may have a claim against an at-fault driver, or may have both types of claims.
Can I make a claim if my husband or wife was driving?
Yes. An injured passenger may have a claim even if their spouse was driving the vehicle.
Being married to the driver does not take away the passenger’s legal rights. However, it also does not automatically guarantee compensation. Each case must be assessed based on its particular facts.
Not sure whether you have a claim? You do not need to make that decision alone. Complete our brief consultation form below and tell us what happened. There is no cost to speak with us about your options.
Am I personally suing my spouse or friend?
This is often the passenger’s greatest concern, especially when the driver is a spouse, relative or close friend.
If that person’s driving caused or contributed to the accident, they may need to be formally identified or named in the legal claim. Although this can feel personal, it is not an accusation that they are a bad person or an attempt to damage the relationship. It is generally a necessary legal step to access the available automobile insurance coverage.
The current Ontario Automobile Policy explains that liability coverage protects an insured person when someone is injured or killed in an accident for which that person is legally responsible. In most ordinary accident claims, the insurer investigates the accident, appoints a lawyer to defend the driver and the insurance company (not your spouse or friend) pays covered compensation up to the policy limits.
That is precisely what automobile insurance is for.
The claim is about helping the injured passenger recover, not punishing the driver or asking a spouse or friend to personally write a cheque. It should not be viewed as a personal attack, particularly when the passenger is facing treatment expenses, lost income or lasting injuries.
Exceptions can arise if coverage is denied or the damages exceed the available insurance limits. A lawyer should review the policy and accident circumstances before advising how the claim would proceed.
Will making a claim affect my spouse or our family?
It is understandable to worry about how a claim could affect a spouse’s insurance, driving record or premiums. Insurance consequences depend on the circumstances of the accident, the insurer’s assessment of fault and the terms of the policy.
Those concerns should be discussed openly, but they do not eliminate the injured passenger’s rights. Serious injuries can result in treatment expenses, lost income, an inability to care for children and lasting limitations. Failing to investigate a claim may leave the family responsible for losses that could otherwise have been covered by insurance.
Obtaining legal advice does not commit anyone to starting a lawsuit. It simply allows the passenger to understand the available options before deciding what to do.
What if another driver caused the accident?
If another driver caused the collision, the passenger may have a claim against that driver and the driver’s insurer.
For example, another driver may have:
Rear-ended the vehicle;
Made an unsafe left turn;
Failed to stop at a red light or stop sign;
Changed lanes unsafely;
Driven while distracted or impaired; or
Otherwise failed to operate the vehicle safely.
In some accidents, responsibility is shared between the passenger’s spouse and another driver. A claim may then involve more than one driver so that fault can be properly determined and the passenger’s rights can be protected.
A passenger is not normally expected to decide which driver was responsible before seeking legal advice. Police records, witness evidence, vehicle damage, photographs, video footage and other evidence may be required to determine what happened.
What if it was a single-vehicle accident?
A passenger may still have a claim when no other vehicle was involved.
Examples of single-vehicle accidents include situations where the driver:
Lost control of the vehicle;
Drove off the road;
Struck a tree, pole, guardrail or building;
Drove too quickly for the weather or road conditions;
Fell asleep while driving; or
Was distracted while operating the vehicle.
If the passenger’s spouse was negligent, the claim may involve the spouse’s automobile insurance coverage. Other potentially responsible parties may also need to be investigated, depending on whether road conditions, vehicle defects or other factors contributed to the accident.
Can I receive accident benefits as an injured passenger?
Yes. An injured passenger may also be eligible for statutory accident benefits, regardless of who caused the accident. This claim is separate from a lawsuit against an at-fault driver.
Accident benefits may provide access to medical, rehabilitation and attendant-care benefits. Other benefits may be available depending on the applicable policy, the date of the accident and the optional coverage that was purchased.
Ontario’s accident-benefits system changed on July 1, 2026. Medical, rehabilitation and attendant-care benefits remain mandatory, while several other benefits—including income-replacement and non-earner benefits—are now optional. The Financial Services Regulatory Authority of Ontario provides additional information about the current accident-benefits system.
Because the available benefits can vary between policies, an injured passenger should not assume that they are—or are not—covered without having the relevant policies reviewed.
What if my spouse and I are insured under the same policy?
Being insured under the same automobile policy does not prevent a passenger from making a claim. The insurer may handle the passenger’s accident-benefits claim and the liability claim arising from the driver’s conduct under different sections of the policy.
Should my spouse and I use the same lawyer?
This requires caution.
A conflict of interest may arise if the spouse who was driving could be partly responsible for the accident. The passenger’s interests may differ from the driver’s interests, particularly where fault, insurance coverage or the available policy limits are disputed.
The passenger should obtain independent legal advice before agreeing to joint representation or signing any insurance documents or releases. The driver’s insurer may appoint a separate lawyer to defend the driver if a lawsuit is commenced.
What compensation may an injured passenger claim?
Depending on the circumstances, an injured passenger’s claim may include compensation for:
Pain, suffering and loss of enjoyment of life;
Past and future income loss;
Medical and rehabilitation expenses;
Attendant care and personal assistance;
Housekeeping or home-maintenance needs;
Future treatment and care costs;
Out-of-pocket expenses; and
Certain losses sustained by close family members.
The compensation available will depend on the evidence, insurance coverage and the statutory requirements that apply to Ontario automobile claims.
How long do I have to make a claim?
Strict deadlines apply to accident-benefits claims and lawsuits. Read our guide to important personal injury deadlines in Ontario, and obtain legal advice promptly to protect your rights.
What should an injured passenger do after the accident?
Seek medical attention, report your injuries, preserve relevant evidence and obtain legal advice. For a complete checklist, read What to Do After a Car Accident in Ontario.
Speak with an Ontario car accident lawyer
You may have a claim even if your husband, wife. common-law partner, or friend was driving. You do not have to determine who should be named, which insurer should receive the claim or whether starting a claim is appropriate before speaking with a lawyer.
DR Injury & Disability Law assists injured passengers throughout Toronto, the GTA and communities across Ontario. Consultations are available in person, by telephone or by Zoom.
Complete the short form below and briefly tell us:
When and where the accident happened;
Who was driving;
Whether another vehicle was involved; and
What injuries or symptoms you experienced.
We will review the circumstances and explain your potential options. The consultation is free, and there is no obligation to proceed.
Strict deadlines may apply. Contact us promptly to protect your rights.
This article provides general legal information and is not a substitute for advice about a particular case. Reading this article or submitting a consultation request does not create a lawyer-client relationship.
