Is auto insurance liable for assault inside a parked car?

by Frank
(Harrison, NY USA)

I was sitting in a parked car when the owner of the car assaulted me and caused me injuries inside of the car. I suffered neck and back injuries.

My question is, if I was assaulted in a parked car, is the car owner's auto insurance company liable for my injuries resulting from the assault? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Is auto insurance liable for assault inside a parked car?":

Frank (Harrison, NY USA):

The answer is No. Unfortunately automobile liability insurance does not cover personal injuries suffered as a result of a personal altercation between two people inside of a parked car.

If you have proof of the assault you might consider contacting either your local Police Department or the District Attorneys office. There you may be able to file a criminal complaint against the person who assaulted you.

If that person is arrested or tried for the assault and is either found guilty or receives probation as a result of a No Contest plea, you may be able to convince the judge or the Assistant District Attorney assigned to your case to require the attacker reimburse you for your medical expenses.

That would be accomplished by having as part of the conditions of his probation a requirement he pay you in monthly installments for the total of your medical bills. If the attacker then defaulted on those monthly payments he would be subject to arrest.

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

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Assault & Battery Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: