Tennessee Injury Law Center
My former spouse was driving our child to school, ran a red light, and was in a wreck. Our child was seriously injured. Can I help my son file a lawsuit against his father to collect money for the injuries received in the wreck?
Yes, under Tennessee law a child can sue a parent for injuries that arise out of an auto wreck. You, as a parent, would have to file suit on behalf of your son because a minor cannot bring a lawsuit on his own behalf. (Alternatively, the court could appoint a guardian to file suit on behalf of your son.)
The problem is that most auto liability insurance policies in Tennessee do not provide insurance coverage for injuries caused to family members. Thus, if you and your son can prove that his dad caused the wreck you would have to collect any judgment you receive out of the father’s assets and future income.
Obviously, this is going to materially affect family harmony. You and your son need to think long and hard about taking this type of legal action. An experienced lawyer can help guide you through all of the factors you should consider before taking this type of action.