Your insurance policy may exclude members of the household. Have a local personal injury lawyer review your policy.
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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.
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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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.
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