By David Peel
Because I have the nicest clients in the world, they are not anxious to make any claims against anyone. I’ve had MANY explain that they felt bad making a claim since the other driver did not intend to hit them (“He didn’t mean to hit me.”)
This is understandable, as–after all–accidents happen.
But what if it was intentional? The irony is that if the at fault driver actually did intentionally crash into you, there would be no auto insurance coverage! Let me explain.
Car crashes are almost always the result of driver error. “Following too closely” is a common example, as is “failure to yield.” Mistakes made while driving can violate rules of the road and make the driver negligent if their actions were unreasonable.
Drivers are under legal duties to drive with reasonable care, including obeying traffic laws, keeping a proper lookout and driving with caution in bad weather. A driver who runs a stop sign and hits you, has failed to drive in a reasonably responsible manner, and has breached his legal duty.
Negligence-based cases can include car accidents, but also slip and falls, and even medical malpractice.
But what if a jealous ex-boyfriend purposefully rams your car?
His insurance will not pay for his intentional acts. One cannot insure oneself for anything but accidents. Similarly, if you accidentally have a grease fire that consumes your house, your Homeowners Insurance will cover it. But not if you burn it down on purpose.
You can sue the jealous ex-boyfriend directly for the intentional vehicular assault, but it is exceedingly hard to collect from individuals. He may also be arrested and charged, but that doesn’t replace your car the next day.
Fortunately, your Uninsured Motorists (UM) Auto Coverage will pay for your damages in such a collision. And not just your car, but—with a little nudging from your favorite attorney–your medical bills, lost wages and pain and suffering!
Stay safe!
Peel seeks justice for those injured in truck, motorcycle, and car crashes. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
