While it is possible to have such acts covered - your problem is you are married to the tortfeasor (insured) and presumably at the time residing in the same residence, as such any claims against her policy will be excluded.
If you are preparing for dissolution of marriage you may want to proceed with a suit which may likely be a simple default judgment (meaning she fails to respond to your lawsuit). I believe any judgment will go against her separate property and her 1/2 of the community...
a personal injury judgment can be discharged in bankruptcy, unless you have an award inclusive of punitive damages, such as stemming from a DUI. Note, if there is going to be a BK, it is always better for you to go in with a judgment, then just a claim for damages
I don't know what you mean by pre-negotiated, but is sounds like an amount was negotiated before you started your treatment. If so this is highly unethical, and very possibly illegal. But lets assume a different understanding, i.e. your file was in settlement negotiations and based on the then status of negotiations, an agreement was made to for amount of your chiro bill. Then the case settled for a higher amount and now the chiro wants more of his bill covered. That is reasonable.
This question really cannot be answered without more information. What is the nature and extent of your injuries? how much are your medical bills? Do you have any wage loss? There needs to be more development of the change in your activities. You mention "medical liens" which is a term used in conjunction with being represented by an attorney. If you are represented he/she is in the best position to answer this question. Of the cuff the settlement sounds low. If you don't have an...
If you were injured you should definitely have an attorney and let them deal with the insurance carrier. The carrier will be trying to gather personal information about not all of which is geared toward helping you, but rather in anticipation of defending your claim. If you are just trying to get your property resolved go through your own insurance and let them deal with the other carrier in recovering the property damage expense and your deductible.
If the plaintiff has made a demand within your policy limits and your carrier refuses to pay - they have a big problem if the plaintiff hits over the policy. Almost certainly they will pay the excess rather than risk your subsequent bad-faith claim. If they don't pay the plaintiff attorney will almost certainly offer you a deal to assign the plaintiff your bad-faith claim in exchange for a non-collection agreement. If it all goes south and there are no deals - call me. 800-809-8848
No. The insurance carrier is simply indemnifies the at fault driver. The settlement will be a full release of all claims against the driver. You have a lot of unanswered issues. Was the driver the owner of the car? Does your sister have Uninsured Motorist coverage? was the driver in the course and scope of employment or running an errand for someone? Was the driver convicted of a DUI.? Has an asset check been done on the driver? has the driver been asked to contribute funds? You will...
You need to promptly consult with an attorney. Many offices like ours offer a no cost consultation. You will need to determine what assets are available from the defendant and what coverages you have for uninsured motorist (same as underinsured motorist) . If the police came and confirmed the texting issue than follow-up with the investigating officer and the DA for criminal prosecution. You can recover additional monies through a criminal restitution hearing.
Yes consult an attorney. There is a vehicle code that states once other traffic has yielded to you, you may commence you turning movement / entry onto the roadway and all other approaching vehicles must now yield to you. off the top of my head try Vehicle Code 21804(b)