I was a pedestrian hit by my wife's car. The act was intentional. How do I make a claim against my car insurance?

Asked almost 2 years ago - Tustin, CA

Soon to be Ex-Wife is facing 4 felonies. Car insurance rejected claims to repair her vehicle and are also rejecting claims for my injuries? Is there any means to seek restitution? The state will cover medical expenses but will not offer and compensation unless I file a civil suit against her. She has no money so I don't see the point. I've spoken with a few attorneys and some say they can take care of it, others say they won't touch the case. Separation WAS effective and I'm NOT the owner or on title of vehicle. I just payed for her car insurance. She is a secondary named on the policy (SNI)

Attorney answers (8)

  1. Richard Andrew Harting

    Pro

    Contributor Level 18

    36

    Lawyers agree

    Answered . 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 property. This may assist you in dividing assets but you should consult which a family law attorney.

  2. Michael Charles Doland

    Contributor Level 20

    35

    Lawyers agree

    Answered . Insurance covers negligent acts, not intentional acts as you describe.
    The point of filing the lawsuit is exactly what you said: so that the state will cover your medical expenses.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    34

    Lawyers agree

    Answered . If you have attorneys who believe that they can make the insurance company pay damages for your injuries, hire one of them.

    You write that you were hit intentionally by your wife’s car. I assume your wife was the driver. If that turns out to be factual the insurance company will not have to respond in damages. Insurance is for negligent acts, not intentional ones.

    There could also be exclusionary language in the policy if both you and your wife were named insureds. If you have medical payments coverage, you are probably entitled to that coverage. It’s not a case I would take on contingency.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. Marc Lazarus

    Contributor Level 14

    29

    Lawyers agree

    Answered . I agree with posts above. No insurance company covers intentional acts. Also, if you are relatives living in the same house, there is probably an exclusion of coverage as well.

  5. Sanjay Sobti

    Contributor Level 9

    28

    Lawyers agree

    Answered . Your second sentence answered your question. As previously stated by my colleagues, insurance coverage excludes intentional acts.

  6. Michael Shemtoub

    Contributor Level 17

    23

    Lawyers agree

    Answered . Everyone has answered this question but it also worth exploring whether the act was intentional. You might think it was intentional but its possible that she has told the insurance companies, police and stated in court records that it wasn't intentional. Thus, at that time you might have a possibility to make a claim against the insurance.

  7. Scott J. Corwin

    Pro

    Contributor Level 18

    22

    Lawyers agree

    Answered . I would proceed with the case with one of the attorneys that suggested that you have a case. Due to the nature of the events (your soon to be ex-wife's intentional acts), your case is tricky.

  8. Christine J Klein

    Pro

    Contributor Level 4

    23

    Lawyers agree

    Answered . I have to agree with everyone else. It is highly unlikely that your insurance will cover intentional acts. Moreover, in New York, most insurance policies have language the excludes coverage for one spouse suing the other.

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