My (now ex) husband and I were fighting in the car one day. He wouldn't let me out of the car and was punching me and smashing my head into his lap. I tried to get him to stop the car by threatening to jump out, putting the car in neutral and (eventually) rocking the steering wheel. He never even slowed down. We went off the road and rolled the vehicle. Now I have a traumatic brain injury and want to sue for damages. I covered up for him at the time of the accident and said he went off the road trying to keep me from jumping out of the car.
It will be a fight; but you have an excellent case. Go for it. You must notify your own auto insurance carrier as they will pay your health care costs.
You are going to have a very hard time. Any legal action you had against him was merged into your divorce. Your covering for him earlier would work against you. And insurance wont cover two people in the household... Good luck to you.
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