An auto collision that is caused by road rage is not covered by Texas liability insurance. However, if the collision occurs first accidentally, then the road rage occurs, then the collision would be covered by auto insurance. Understanding how auto liability insurance works can not only help you understand why road rage is not covered but also help you avoid accidentally talking your way out of coverage when filing an injury claim with an auto insurance company.
Auto Liability Insurance & the Intentional Acts Exclusion
In Texas, all drivers are legally required to carry auto liability insurance. However, auto liability insurance does not cover every type of accident that may occur. It only covers accidents that are caused by the negligence of another driver. There is a specific exclusion for intentional acts. Thus, if another driver Intentionally causes a wreck with you, is liability insurance will not pay for the damages he causes to your car. Under these circumstances, you may be above to file under your own uninsured motorist coverage or comprehensive & collision coverage if you carry this coverage and you did not engage in intentional acts contributing to the wreck. If you were involved in the road rage yourself, your intentional act exclusion in your policy will likely result in your own insurance denying the claim too. It would be wise to consult with an uninsured motorist accident lawyer before you speak with any insurance company about the case.
What Should I Do If I Think Someone Is Engaging in Road Rage With Me?
What Should I Do If I Think Someone Is Engaging in Road Rage With Me?If you suspect someone is trying to instigate a road rage incident with you, you need to pull over where you can find a safe place to do so and call 911. Report the car, and the license plate, and hold the phone high so they can see you are reporting them. If possible, make sure there are plenty of witnesses around where you stop. If you do not feel safe, drive at a safe speed until you get somewhere safer to pull over. DO NOT get out of the car and attempt to talk to the person.
How Do I Avoid Losing Insurance Coverage in a Suspected Road Rage Incident?
One serious mistake drivers sometimes make is that they make assumptions about another party’s intentions and report their assumptions to the police and/or the insurance company instead of reporting the facts. It is very important that you not assume the acts were intentional if you do not know this to be a fact. If you tell an insurance company that you believe the other driver caused the wreck intentionally, your claim may get denied. Simply report the facts about the vehicle movement and how the other driver was at fault.
Consult a Lawyer If You Have Doubts
If you are preparing to report a claim and are concerned you might say something to void your own coverage, it is wise to discuss your case with a car accident lawyer first to determine whether there is a safer or better way to present your claim. The law firm of Simmons and Flecher, P.C., has been representing car accident victims since 1979. The consultation is free and we charge you no attorney fees and no attorney expenses unless we make a recovery for you.
Author
