can i sue

Sorry to hear what happened to your husband.  Yes, you can certainly sue the other driver for your husband's injuries.  Keep in mind that in order for your husband's medical bills to get paid, regardless of fault, you need to file an application for no-fault insurance benefits within 30 days of the incident with your own insurance company.  And do not try to handle this matter by yourself - you'll never get a fair offer from the other driver's insurance company.  Hire a lawyer.  You can find one using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/