I was a pass.in a car accident the driver was my wife I was injured now her ins says they will only pay med bills no loss wages

Asked over 1 year ago - Visalia, CA

Is this true am I not able to claim loss wages n pain n suffering? She has full coverage which includes med pay property damage and bodily injury.

Attorney answers (6)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . If you live in the same household, there is likely a "resident-relative" exclusion that prevents you from recovering from the liability coverage when your wife is at fault. Liability coverage includes medical bills, lost income and pain and suffering. However, medical payments coverage covers medical bills regardless of fault, and so that is probably why the insurance company is covering your medical expenses but not your other losses. If you were separated from your wife, that may be a different story and you should consult a pesonal injury attorney.

    Good luck.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Your insurance policy may exclude members of the household. Have a local personal injury lawyer review your policy.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Steven Mark Sweat

    Contributor Level 19

    6

    Lawyers agree

    Answered . No. From your description of her coverage, it sounds like you should be able to claim loss of earnings, medical expenses and pain and suffering. You need to hire an attorney to demand a copy of the policy and review coverages and to submit your claims.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Sean Michael Patrick

    Contributor Level 16

    6

    Lawyers agree

    Answered . You should immediately consult a personal injury attorney to help you with your claim. It appears that the insurance is playing games.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  5. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is difficult to advise you without reading the policy. If you are excluded from benefits, then that is the end of the road, However, you may sue the other person if it was their fault, or your own insurance if you have one independent of your wife. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  6. Frank Marvin Nunes

    Contributor Level 14

    4

    Lawyers agree

    Answered . Make sure the insurance company puts that in writing. As a person who they insure and someone who pays premiums to you, they must treat you better than someone who they do not insure.

    I have handled several cases for the insurance companies and now I help injured people stand up to them in situations such as yours.

    Please call me to discuss this with a local attorney who knows the Central San Joaquin Valley.

    Frank Nunes (559) 421-9465.

    If you are a potential client, the information you disclose to us by email will be kept in strict confidence and... more
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