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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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.
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.
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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.
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.
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.
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.
Divorce Dissolution of marriage Community property in divorce Divorce by default judgment Medical expenses for personal injury Personal injury Personal injury lawsuits Pedestrian accidents and personal injury Types of personal injuries Personal injury and car accidents Criminal defense Victim compensation and criminal conviction Lawsuits and disputes Default judgment
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