Visitor Question

Auto accident used as ruse for robbery, ending in a knife attack…

Submitted By: Lee (South Carolina)

The driver of a vehicle was rear-ended.

She stopped her vehicle after the collision and rolled down her car window. When the “at fault” driver approached her vehicle, the “at fault” driver attempted a robbery, and slashed her hand with a knife.

It will be a uninsured motorist claim, as the “at fault” driver fled scene.

The insurance carrier indicates they would not be liable for the injuries received from the knifing, only those received when vehicle was rear ended. Would not the robbery and slashing incident be a continuation of the auto accident, and be compensable under the liability policy? How can the driver get compensation for the injuries? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lee,

You should be covered under the personal injury protection (PIP) section of your policy. PIP covers medical payments. In the States of Florida and Washington, the courts have held PIP should pay for injuries resulting from acts of violence associated with the use of your car. This is because PIP covers injuries resulting from the ownership of your car.

For injuries resulting from criminal acts, insurance companies look at many factors, including whether or not the injury took place inside or outside of the car.

Don’t accept the decision of the insurance company. Seek out the advice and counsel of a personal injury attorney. Your injury was a serious one. You can be confident an experienced injury attorney will be able to overturn the insurance company’s denial of your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 15, 2015

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