Visitor Question

Is auto insurance liable for assault inside a parked car?

Submitted 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.

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 Frank,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 14, 2012

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