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You probably can, but why would you? You'd be losing money. Both of you would have to pay for lawyers, and then they'd take a percentage of the money your spouse pays to you. It's not that smart of a move, but you probably could if you wanted to.

I disagree with the previous person's answer above. It depends on what state you live in. Some states have inter-spousal immunity which prevents spouses from suing each other in personal injury. In states where spouses are entitled to sue each other, then it does make sense to sue your spouse especially if there is a serious injury. Neither spouse would have to pay any money to hire an attorney. If the negligent spouse had insurance than his/her attorneys would be provided by the insurance companies and the injured/suing spouse would hire an attorney on a contingent basis (no fees or costs unless he/she wins the case and then they are taken out of the settlement at the end of the case). If the negligent spouse is uninsured then in that scenario it would not make sense to sue.

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Q: Can you sue your spouse for personal injury if your spouse was driving and you were the passenger in a bad car accident that involved no other vehicles?
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