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Insurance claim denied because of Road Rage

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nextstep

Junior Member
What is the name of your state (only U.S. law)? Texas

I was involved in a minor auto accident with one other car. The police came to the scene and prepared a police report. The other driver was issued a citation for "unsafe lane change". The contributing factor listed on the police report is "changed lane when unsafe", attributed to the other driver. Also listed as "may have contributed" is road rage, attributed to the other driver.

I was not issued a citation for the accident and no contributing factors are listed for me. I filed a claim on the other driver's insurance and they have denied the claim because they say the accident was caused by road rage.

If the road rage was on the part of their policy holder, do they have the right to deny the claim? The other driver intentionally hit my car. What is the best course of action to take; file an appeal with the other driver's insurance company?

Any help would be appreciated.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Intentional acts are not covered by insurance, insurance is for accidents (even when they are caused by negligence). Intentionally hitting your car is a crime. Were assault charges filed against the driver? If not, why not?

The insurance policy will exclude for intentional actions/crimes, but if no charges were filed, then there is not enough evidence for them to uphold that exclusion. Unfortunately, that is between the other driver and his insurance company. You will have to file a lawsuit against the other driver directly and hope that he is able to get his insurance company to cover him (which, unless he actually said, Yes I hit him on purpose, they really should).
 

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