I was involved in accident – the driver of the other vehicle intentionally caused the accident and was cited by the police.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 26, 2010

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Insurance Question from Erie, PA

Asked on 08/26/2010

I was involved in accident – the driver of the other vehicle intentionally caused the accident and was cited by the police. Now the insurance of the driver that caused the accident is stating that they - Progressive - is not responsible for damage caused to my car, as their insured intentially caused the accident, therefore it is a criminal act vs an accident.Progressive claims that I have no claim against them, I need to pursue payment via the court system.Is this possible for an insurance co to bag off on a claim because a crime was involved??

Answer given on August 27, 2010

In the long run, Progressive is probably going to lose this one.  In spite of the actions of their driver, he is still legally responsible, unless there is a clause in their policy stating they are not liable if the act is intentional.  Each state is different in their laws and how policies are written.

If you have collision coverage on your car, you should file a claim with your policy.  Your insurance company will pay the damages, less your deductible, and then they will subrogate through Progressive and/or the other driver.  If your insurance company is successful in subrogation, you will get your deductible back.  Talk to your insurance agent.  They can help you file your claim.  They should also be able to tell you if Progressive can deny the claim, based on the policy.

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