Auto insurance companies cover negligent acts or accidents. They do not cover intentional acts. Unfortunately, this means that if you are injured as a result of an intentional road rage accident, the at-fault driver’s insurance will try to deny your claim and avoid paying you for your injuries.
While you still have a potential lawsuit against the person who intentionally injured you, and the insurance company has a duty to defend until they prove it was intentional, many claimants are left wondering what to do after an insurance coverage denial.
In fact, many attorneys turn these cases down as they do not know what to do when an insurance company denies coverage. While it is true that it is more difficult to get a judgment against an individual than an insurance company, and it may not be worth it if the individual has no assets, very few car accidents can be classified as “intentional.”
For example, even if there was prior road rage between the drivers, it is often difficult to show that the accident itself was intentional. Furthermore, there are a number of exceptions where insurance would still apply, such as when the at-fault driver was having a mental health episode when he or she committed the so-called intentional act.
Insurance Gap Explained:
If a road rage incident that causes you injury was truly intentional and the insurance company for the at-fault driver can prove it, the insurance company will deny coverage on the basis it was intentional (they only cover damages from accidents). Here are some situations where insurance could still cover a road rage incident:
- The driver was having a mental health episode
- The driver was intoxicated
- The driver expressed remorse / regret after accident
- The driver later says it was not intentional (to avoid criminal charges)
In any of the above situations, the insurance company will likely still cover your injury claim as a result of a road rage incident. If you have been involved in a road rage incident, contact us today.