Kevin Crooks, PLLC

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Occasionally we are asked whether the insurance for the at fault driver in a “road rage” incident–where an angry driver intentionally damages the car of another driver–will cover such an incident. The answer is “YES”–in Kentucky, the insurance for an at fault driver will often cover the driver even for intentional acts of harm, but the amount of the coverage may be reduced to the minimums required by law.

Kentucky Courts have held that an exclusion by an insurance company that would nullify the insurance coverage of a driver who intentionally causes harm is not a valid exclusion–and that the insurance company must still cover the driver for the intentional act. In Mosley, V. West American, 743 S.W.2d 854 (Ky. APP 1987) the Kentucky Court rendered invalid the exclusion for intentional acts, declaring the exclusions that eliminate minimum limits violate Kentucky public policy: “It seems perfectly clear from the MVRA and the language of Bishop, supra, that there may be no exclusion, at least up to the minimum tort liability limits as established in KRS 304.39-110. See also, Staser V. Fulton, Ky.App., 684 S.W.2d 306 (1984).”

If you have been injured by a “road rage” incident or another incident where a driver intentionally causes you harm, you should consult a lawyer. Kentucky require coverage for this type of incident because the policy behind Kentucky’s motor vehicle laws is to ensure that drivers on Kentucky roads are held responsible for the harm they cause, and that innocent parties injured in accidents are compensated for their harm.

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