When Your Injury Was No Accident

A situation may arise where a person is injured because of an intentional act like a battery. Other situations may occur where a person suffers serious injuries in a “road-rage” crash. An injury may even happen when someone intentionally hits another person with his or her car. Financial recovery for these intentional incidents will depend on the type of coverage and whether the claimant is the actor or the injured victim.

Liability Coverage

Every car insurance policy features liability coverage that offers protection when the insured causes a car crash that leads to injury or damage. Nearly all liability policies, however, exclude the insured’s intentional acts, such as extreme road rage actions, from coverage. If a driver intentionally runs into another driver immediately after an argument, for example, the insurance company of the at-fault driver will likely deny coverage for injuries and damages because they were intentionally caused by the policyholder.

Personal Injury Protection (PIP)

An intentional-act victim will still be eligible for coverage under his or her own Personal Injury Protection (PIP). This coverage is sometimes called “No-fault insurance” since coverage applies no matter who is at fault. PIP insurance covers the victim’s medical expenses. It may also cover lost wages. Property damages, however, are not covered.

Uninsured/Under-Insured Motorist Coverage (UM/UIM)

UM/UIM takes effect when the liable party isn’t covered by insurance or when his or her liability policy doesn’t offer adequate coverage for the injuries and damages caused by the accident.

For instance, if someone inflicts bodily injuries on someone else by intentionally striking him or her with a car, the injured party can file a liability claim under the policy of the at-fault driver. The at-fault driver’s insurance company is, however, likely to deny coverage after its investigation reveals the injuries suffered by the claimant were a result of the at-fault driver’s intentional act. Once the at-fault driver’s insurer rejects coverage, the driver is now considered an “uninsured motorist.” The injured party may then pursue compensation under the UM segment of his or her own policy. When the insurance company proposes an initial settlement offer, a personal injury attorney can review the claim and advise the injured party on the settlement amount that will reasonably compensate him or her for the injuries and damages suffered.