We had a very unusual potential client call in last week. He was the victim of a “road rage” attack in downtown Atlanta by another driver and was inquiring about his legal rights and who would pay for the medical bills. In the particular case, another driver became enraged and cut across a double yellow line and then turned in front of the victim’s vehicle, scraping the bumper and bringing both vehicles to a stop.
Both drivers got out and a verbal altercation led to fisticuffs. The entire incident was captured on videotape and the attacker beat the victim up so badly that he had to go to Emory hospital.
The question arises; who is responsible for the medical bills? Will the other driver’s insurance pay the claim? Is the other driver personally liable?
The answer lies in the fact that insurance rarely covers intentional acts and getting out of a car to start a fight is intentional. The attacker is therefore not protected by either his car policy nor his homeowner’s general liability policy.