Does third party coverage apply to intentional auto injuries?
“I know I can sue a driver who carelessly runs into me and hurts me seriously, but what happens if that driver hurt me on purpose?”
Many people are hurt by drivers who intentionally crash into them after an argument, or during “road rage” incidents. If the other driver is at fault for crashing into you, and you are seriously hurt, you can still file a bodily injury claim against that person. Even if the other person’s car insurance says that it doesn’t cover intentionally-caused injuries, our courts have said that only applies to their injuries, not yours.
So while nobody wants to get into a situation where tempers flare, and people end up being run over or crashed into, the fact is that these incidents occur. You are not excluded from filing a body injury claim for pain and suffering against the other, so long as you were not the one who was at fault.
Remember, if you were not the person who caused the collision, you still get your no-fault benefits from your own car insurance or through the standard priority system that we have discussed elsewhere in this blog. It is important to note that if you get hurt in an accident that you caused on purpose, your auto insurance may refuse to cover your medical expenses or wage loss, because your injuries were not “accidental.”
This is yet another reason why you don’t want to get involved in road rage, no matter how justified you may feel your actions are at the time.
Source: 95 Mich App 213; MCL 500.3131; MCL 500.3135(3)(a); MCL 500. 500.3105(4)