Road Rage and Insurance Coverage
Sadly, we live in an age were "road rage" has become a common term. Too little time and too much haste has led to an increase in these incidents, especially involving guns.
The question naturally arises; what is covered by insurance in a road rage situation?
The answer begins with the statement that liability insurance does not insure against intentional acts, only accidental ones. That means that if driver A attacks driver B on purpose, it is unlikely there will be insurance for the act from driver A's insurance.
Now, let's get more detailed .
Driver A runs driver B off the road, causing a crash and injuries. Can driver B recover? Yes if driver B has uninsured motorist insurance.
Driver A's policy will not pay for the damages because they were intentional, but driver B's uninsured motorist insurance will step up to the plate because the other driver is now uninsured.
The same would be true if driver A fled the scene and was unknown because uninsured motorist insurance in Georgia covers John Doe crashes.
Driver A and driver B get into a "road rage" incident and they stop their cars and driver A beats up driver B. Is there any insurance to cover this? Probably not because the beating was intentional and it did not arise out of the use of an uninsured motor vehicle.
In Mough v. Progressive Max Ins. Co., 314 Ga. App. 380, 724 S.E.2d 414 (2012), the Court observed;
"Generally, in order to take advantage of uninsured motorist coverage, your injuries must be related to the use of your vehicle and cannot be caused by the independent acts of a third party that did not arise out of the use of the vehicle."
What about if a driver A tries to run over pedestrian B? Yes there should be uninsured motorist coverage available for the pedestrian (if they have it). Remember that uninsured motorist insurance follows the pedestrian around protecting them from any uninsured driver operating a motor vehicle.