Does insurance cover being intentionally hit by an angry driver?
Man Attacked With Vehicle During Argument, Hospitalized
According to a KSAT News report, a man was intentionally stuck by a vehicle on the West Side after an argument with his significant other.
Police reported that witnesses of the accident told them that a man was intentionally hit by a woman driving a vehicle after they had been in an argument. The man, 68, suffered a broken leg and facial injuries and was hospitalized. The woman, who is in her 60s, fled the scene and has not yet been found. The incident happened at around 10 p.m. on the 1500 block of South Elmendorf Street, near Saltillo and Zarzamora Streets.
Did You Know?
There were a total of 12,610 intentional injuries and 218 murders between 2007 and 2014 in the United States due to road rage.
Does Liability Insurance Cover Intentional Accidents in Texas?
Road rage is a big problem in Texas and across the United States. Many people are injured, and their vehicles are damaged by angry, out-of-control drivers in Texas yearly.
If you are struck by a driver who intentionally hit you out of anger, then their liability insurance should cover the damage, right? Wrong. Most insurance has what is called an “intentional act” exception that bars them from covering ANY damage or injury that is the result of the intentional act of the driver.
Example:
Let’s say you were hit from behind by an angry driver because you stopped at a yellow light instead of going through. Because that driver intentionally hit you, you will not be able to recover damages from their insurance company.
Is There Any Insurance Coverage for Victims of an Intentional Accident?
All hope is not lost if you were the victim of a road rage incident. PIP, or Personal Injury Protection, will cover any injury you sustained since you were still in an accident in which you did nothing wrong. Additionally, because the driver who hit you intentionally becomes technically “uninsured,” your Underinsured/Uninsured Motorist coverage will work in this scenario too.
Should I Sue the Other Driver for Damages?
In Texas courts, an individual can be punished for criminal actions like intentional auto accidents with what is known as punitive damages, in addition to negligent actions.
Unfortunately, even if you have a clear-cut case against a road-rage driver, they will not have the insurance company’s resources to pay your damages since their coverage is waived in an intentional accident. Most people don’t have the resources to cover the costs of damage to your vehicle or injury to your person, even if you won the lawsuit against them.
Because of this, it is often not worth it to pursue a lawsuit against the offending party, but it is better to recover from your own insurance coverage.
Do I Need a Lawyer for an Intentional Accident?
Whether you are recovering from your own insurance policy or pursuing a lawsuit against the offending driver, you need a lawyer to ensure you get ALL of the compensation you are legally entitled to.
Hire Carabin Shaw Auto Accident Attorneys
If you were intentionally hit in a road rage accident in San Antonio, contact the auto accident attorneys at Carabin Shaw. We have 30 years of experience representing victims across Texas, and we care. Contact Carabin Shaw today at 800-862-1260 or via live chat for a free case evaluation.