A driver hit me on purpose (road rage). Will insurance pay in Texas?

First, your safety

If a driver is following you, cutting you off or trying to hit you, don't stop, don't get out and don't confront him. Keep your doors locked, call 911 and tell the dispatcher where you are and which way you're heading. If he hits you, stay in your car if it is safe and wait for police. A road-rage driver who is willing to use a car as a weapon may be willing to do worse. Everything below can wait until you're safe.

Will the other driver's insurance pay?

Maybe not. A standard Texas personal auto policy pays for damages the driver becomes legally responsible for "because of an auto accident," and it says: "We do not provide Liability Coverage for any person: Who intentionally causes bodily injury or property damage." So if the driver deliberately rammed you, his insurer can deny coverage. The exact wording varies by company, so we read the actual policy.

Not every road-rage crash is an intentional one. Tailgating, brake-checking or cutting someone off in anger is dangerous, but the driver may not have meant to cause a crash. The Texas Supreme Court has said that when deciding whether something was an accident, "the actor's intent and the reasonably foreseeable effect of his conduct" both matter (Mid-Century Ins. Co. v. Lindsey, 1999). Where the line falls decides which insurance pays. The facts decide it, not the labels anyone puts on them, so we describe what happened accurately and build the evidence around it.

Can I use my own uninsured motorist coverage?

Often, yes. On the standard Texas policy, an "uninsured motor vehicle" includes a car that has liability insurance but whose insurer denies coverage. So when his insurer says "intentional act, not covered," your UM coverage may step in. The UM section's intentional-act exclusion applies to your intentional acts, not the other driver's.

Know the limits:

• Your UM pays only if you have it. Texas insurers must offer it, and you can turn it down only in writing, so many people have it without knowing. Check your declarations page. See what if the driver has no insurance.
• UM coverage also pays for injuries "caused by an accident," and your insurer may argue a deliberate ramming doesn't qualify. We have not found a Texas Supreme Court decision squarely settling that question, so the policy wording and the facts matter.
• The car has to cause the injury. In Home State County Mutual v. Binning (Tex. App.-Dallas 2012), a man was rear-ended and then hit with a pistol by someone from the other car. UM did not cover it, because the gun, not the car, caused the injury.

What else pays right away?

Personal injury protection (PIP) on your own policy pays medical bills and part of lost wages regardless of who caused the crash. It excludes only a person who caused the accident intentionally, which isn't you. Collision coverage, if you have it, pays for your car. Using your own coverage doesn't mean you give up the claim against him. See should I use my own insurance?

Can I sue the driver himself?

Yes. An insurance exclusion protects the insurer, not the driver. He is still personally responsible for what he did. You can claim the full range of damages, and Texas allows exemplary (punitive) damages when you prove by clear and convincing evidence, with a unanimous jury, that the harm came from malice (a specific intent to cause substantial injury) or gross negligence (CPRC § 41.003).

Texas normally caps punitive damages at the greater of $200,000 or twice the economic damages plus noneconomic damages up to $750,000 (§ 41.008(b)). But the cap does not apply when the claim is based on felony conduct listed in § 41.008(c), committed knowingly or intentionally. That list includes aggravated assault under Penal Code § 22.02, which covers an assault using a deadly weapon, and Texas courts have held that a car can be a deadly weapon when used in a way capable of causing death or serious injury. We explain how punitive damages work in punitive damages against a drunk driver; the same rules apply here.

The hard part is collecting. Someone without insurance coverage for the crash may have few assets. That is why your own UM and PIP coverage, and any employer or vehicle owner who may share responsibility, matter so much.

How does the criminal case fit in?

The criminal case and your injury claim are separate. The district attorney decides whether to charge him with aggravated assault, deadly conduct or reckless driving; you decide whether to bring a claim. A criminal judge can order restitution for expenses (Code of Criminal Procedure art. 42.037), but anything he pays in restitution is credited against a later civil recovery, and restitution doesn't cover pain or future losses. A conviction or plea can be strong evidence, but you don't have to wait for it, and the two-year deadline to sue under § 16.003 keeps running while the criminal case is pending.

The Attorney General's Crime Victims' Compensation program covers crashes when the driver intended to cause injury, and also aggravated assault, deadly conduct, and reckless driving that causes injury (art. 56B.003). It can pay medical bills, counseling and lost wages, generally up to $50,000. You must report the crime, cooperate with police and apply within three years. The program can deny victims who shared responsibility through their own behavior, which is one more reason not to engage with the other driver.

Your right to be compensated does not depend on immigration status, and we never ask about it. Once you hire us, we deal with his insurer, your insurer and the prosecutor's office. You talk with Jimmy directly, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Does car insurance cover road rage in Texas?

The other driver's liability policy usually excludes injuries he caused on purpose. Your own UM coverage can apply when his insurer denies coverage, and your PIP pays regardless of fault.

Is a road-rage crash an accident or an assault?

It depends on what the driver intended and what he could foresee. Aggressive driving that causes a crash is often negligence or gross negligence; deliberately ramming someone can be aggravated assault with a deadly weapon.

Can I sue the driver who hit me on purpose?

Yes. He is personally responsible, and punitive damages are uncapped if the claim is based on aggravated assault committed knowingly or intentionally (CPRC § 41.008(c)).

Does my PIP pay if the other driver hit me on purpose?

Yes. The standard Texas policy's PIP exclusion applies only to a person who caused the accident intentionally, which isn't you. It pays medical bills and part of lost wages regardless of fault.

The other driver got out and attacked me. Does my UM cover that?

Usually not for injuries from the attack itself. A Dallas court held UM didn't cover injuries from a pistol, because the car didn't cause them. Other coverage or a direct claim against him may.

Do I have to wait for the criminal case to finish?

No. Your claim is separate, and the two-year deadline to sue keeps running while the criminal case is pending.

Can crime victims' compensation help after a road-rage crash?

Yes, if the driver intended to injure you or committed aggravated assault, deadly conduct or reckless driving causing injury. Report it, cooperate with police and apply within three years.

Authority: Texas Personal Auto Policy (sample booklet, form 9843P.4 NT) · Texas Department of Insurance: uninsured motorist coverage · Home State County Mut. Ins. Co. v. Binning (Tex. App.-Dallas 2012) · Tex. Civ. Prac. & Rem. Code ch. 41 (exemplary damages) · Tex. Penal Code § 22.02 (aggravated assault) · Tex. Code Crim. Proc. art. 56B.003 (crimes covered by victims' compensation) · Texas Attorney General: Crime Victims' Compensation eligibility