Recently, a Los Angeles man was hit by a car while standing in the street. While unfortunately, pedestrian accidents and injuries are not uncommon in California, this story is a bit unique: The person driving the car was the man’s wife. She was driving his car and she was trying to hit him, making the accident intentional.
Clearly this is a case for the district attorney, but is there also a civil claim involved? In other words, can the man also seek restitution for the damages to his car and his body? According to the insurance company, the answer is no. The man’s car insurance rejected claims to repair the vehicle and also rejected claims for his injuries. But just because an insurance company denies your claim does not mean that you do not deserve to be compensated for your injuries. This is where the assistance of a skilled insurance lawyer in Los Angeles comes in.
Insurance policies do not cover intentional acts. However, in order for an automobile collision in Los Angeles to be intentional (rather than negligent), the insurance company must prove that the wife was thinking that she intended to cause harm to her husband at the time of the act. And while one might believe this act was intentional, it is impossible to know what someone is thinking. In fact, if the woman was trying to avoid criminal prosecution, she would likely tell the police, insurance companies, etc… that the accident was exactly that: an accident. Therefore, the husband might still be able to make a claim against the insurance carrier.
Most insurance policies specifically exclude coverage for a claim brought by one spouse who co-habitats with another spouse, as the chance for a scam is too great.
Long story short, if you were hit by a car, talk to an experienced Los Angeles car accident lawyer to determine whether you might be able to bring a case to recover financial damages. It is difficult to know exactly what is in the driver’s mind when the collision occurs and it is possible that insurance coverage can be afforded for what initially appears to be an intentional act. If course, there are insurance company exceptions for married couples, so talk to your auto accident lawyer to learn more about your specific case.
For more information on how to recover compensatory damages for an injury you or a loved one has suffered as a result of another person’s negligence, contact BIK Law today.