Intentional Car Accidents
The traditional Texas Insurance policy will EXCLUDE their insured if their insured “intentionally causes bodily harm or property damage”. You may be asking yourself, WHY?…I got hit, the defendant caused it and has insurance; why aren’t they paying for my losses?
Not to defend the insurance industry, but it does make some logical sense. The logic goes, an insurance company is the in the business of insuring against ACCIDENTS, as opposed to CRIMES. Intentional car accidents or road rage incidents are basically an assault with a deadly weapon, ie; a crime not an accident! Intentional acts are also subject to much abuse and fraud; so its easier for the insurance companies to exclude them altogether than to try and pay for some as opposed to others.
But now you say, “I am smarter than that fool that intentionally ran me off the road, I am carrying Uninsured Motorist Coverage (hereinafter referred to as UM) on my own policy. Since the defendant is uninsured, my insurance company will take care of me.” Not so fast amigo.
Your UM coverage covers you IF the other side has NO insurance; but in the example above, the other side DID have insurance but his insurance has excluded the claim due to the intentional crime the defendant committed. That puts you between a rock and a very hard place; you are stuck without an insurance company to pay for your damages. Of course, you can sue the individual who caused the damage; however, if you are honest with yourself, you should be asking yourself the following question: Does a person who intentionally ran me off the road, have any assets worth pursuing? At Funk & Associates we run extensive asset checks on defendants prior to settling their cases in order to verify the defendant’s assets.
If you have further questions, feel free to call and I would be glad to discuss your case with you.