Suing a Friend or Family Member After an Albany Personal Injury

Why legal action doesn’t have to mean the end of a relationship

Getting hurt is bad enough, but when it happens at a friend’s house or in a family member’s car, things get complicated fast. That’s when talking to experienced personal injury attorneys can help you figure out your next steps. You don’t want to ruin relationships, but you also can’t afford to ignore mounting medical bills, lost wages, and the stress of recovery. So, what do you do?

The good news? You don’t have to choose between financial stability and your relationships. Our team of personal injury attorneys knows how tricky these situations can be. That’s why so many people trust us when they need to hire one of the best law firms in America. 

At Horn Wright, LLP, we know how tricky these situations can be. Our Albany attorneys focus on getting you the compensation you need—without unnecessary drama. Let’s talk about how you can handle this in a way that keeps things as smooth as possible.

Home Sweet Liability – Can You Make a Claim Against Their Insurance?

What Albany homeowners’ and renters’ policies cover

Most people don’t realize that when an injury happens at someone’s home, their insurance—not their personal bank account—often covers the costs. If you slip on a friend’s icy driveway or their dog decides to take a chunk out of your leg, you might be able to file a claim without them paying a dime out of pocket.

Homeowners’ and renters’ insurance typically covers:

• Slip-and-fall accidents – Icy sidewalks, loose floorboards, or poorly lit stairwells can lead to serious injuries like broken bones and concussions. In New York, property owners are legally responsible for maintaining safe conditions.
• Dog bites and pet-related injuries – New York follows a "one-bite rule," meaning if a dog has shown aggression before, the owner is strictly liable for injuries. Even if it’s their first offense, the owner may still be on the hook if negligence played a role.
• Hazardous property conditions – Think broken railings, collapsing porches, or exposed electrical wiring. If unsafe property conditions cause harm, insurance often covers medical expenses and damages.
• Swimming pool and trampoline accidents – Pools and trampolines can be fun, but they’re also common sites for injuries. If a homeowner fails to follow safety measures, their insurance might cover resulting injuries.

Filing a claim doesn’t mean you’re suing your friend—it just means their insurance provider handles your medical bills and other losses.

How to get compensation without filing a lawsuit

The best way to avoid awkwardness? Go through insurance, not the courts. If your friend or family member has a policy that covers your injury, you can often settle things without ever stepping foot in a courtroom.

Here’s how to keep it simple:

1. Report the injury ASAP – Most insurance companies have strict deadlines, usually within 30 days of the accident.
2. Gather proof – Take pictures of your injury and where it happened. Get copies of medical bills, doctor’s notes, and any witness statements.
3. File the claim – The insurance company will investigate and determine liability.
4. Negotiate a fair settlement – If the insurer offers too little, you can push for more—without dragging your friend into court.

In most cases, insurance will cover medical costs and lost wages. But if they refuse to pay, you may have to consider legal action.

When a Ride Turns Into a Nightmare – What to Do If You’re Injured in a Friend’s Car

New York’s no-fault insurance explained

Car accidents are bad enough, but when the driver is a friend, things get even messier. The good news? New York’s no-fault insurance system means you usually don’t have to sue anyone. But if things get complicated, personal injury attorneys can help make sure you get what you’re owed.

No-fault insurance (Personal Injury Protection, or PIP) covers medical bills and lost wages, no matter who caused the crash. That means if you’re injured as a passenger, you typically file a claim with your own insurance company. But what if that’s not enough?

What if your friend’s insurance won’t pay?

If your injuries are serious and PIP doesn’t cover all your expenses, you may need to go after your friend’s liability insurance. Here’s what to consider:

• Filing a claim under their liability coverage – New York requires drivers to carry at least $25,000 per person in bodily injury liability (New York Vehicle and Traffic Law Section 311). If your medical bills exceed your PIP coverage, their insurance may cover the rest.
• Using uninsured/underinsured motorist coverage – If your friend’s policy isn’t enough, your own uninsured/underinsured motorist coverage can help fill the gap.
• Taking legal action as a last resort – If the insurance company refuses to settle fairly, you may need to file a lawsuit. But there are still ways to handle it without damaging your relationship.

Suing Someone You Care About – What to Expect in Albany Courts

The legal process, step by step

If an insurance claim isn’t enough, you might have to consider legal action. Here’s how that process typically unfolds:

1. Filing the lawsuit – Your attorney files a claim against the responsible party, outlining your injuries and damages.
2. Discovery – Both sides exchange evidence, including medical records, accident reports, and witness testimony.
3. Negotiation – Most cases settle before trial, but if the insurance company won’t play fair, it may go to court.
4. Trial – A judge or jury hears the case and decides how much compensation you’re entitled to.

Lawsuits can be time-consuming and stressful, which is why many people try to settle first.

When settlements make more sense than lawsuits

Most personal injury cases never make it to trial because settlements are:

• Faster and less expensive – Court cases can drag on for months or even years, while settlements often resolve in weeks.
• More private – Settlements keep personal details out of the public eye, while lawsuits become public record.
• Less stressful – Fighting a lawsuit can strain relationships, while a settlement keeps things civil.

A skilled attorney can negotiate a fair settlement, helping you get compensated without burning bridges.

Let Horn Wright, LLP, Help You Seek Fair Compensation

You shouldn’t have to choose between your financial stability and your relationships. At Horn Wright, LLP, our personal injury attorneys make sure you get the compensation you deserve—without unnecessary conflict. Let’s talk about your options and find a path forward that works for everyone. 

Call us today for a confidential consultation.