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 .

Situation 1:
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.

Situation 2:
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."

Situation 3:

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. 
Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected.
★★★★★
A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up. Tracy
★★★★★
I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
★★★★★
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
★★★★★
Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case. A Car Accident client
★★★★★