Yes, in many cases, insurers have a clause that means “road rage” can void insurance coverage when actions are intentional rather than negligent. However, if you were injured in a road rage incident, there may still be ways to recover compensation from the other driver.
We’ll explain those options and how a Fort Lauderdale car accident lawyer can help.
When Does “Road Rage” Void Your Insurance Coverage?
Insurance coverage can be voided when a driver acts with intention or recklessness rather than negligence. For example, drunk driving may void insurance coverage. Road rage works similarly, where an insurer may state that driving aggressively violates the terms of the coverage.
However, while the aggressive driver’s insurance may not cover the harm they did to you, it doesn’t mean you are out of legal options. You may be able to recover compensation through your own uninsured/underinsured motorist coverage or through a personal injury lawsuit.
A Fort Lauderdale personal injury lawyer can take on your case and pursue fair compensation.
What Needs to Be Proven in Road Rage Injury Cases?
After a road rage incident, your lawyer will need to prove that the driver acted recklessly. Road rage that could count as reckless driving includes:
- Speeding.
- Excessive or dangerous lane changing.
- Tailgating.
- Swerving or otherwise pressuring other drivers.
They will do this through a careful investigation and the gathering of supporting evidence. Helpful evidence may include:
- Eyewitness statements that can describe aggressive driving or speeding.
- Surveillance footage, such as from security cameras, traffic cameras, or dash cams.
- Police reports.
- Photographs of the accident scene, showing things like debris patterns or skid marks from the accident.
- Black box data, if the aggressive driver was in a commercial vehicle.
- Expert accident reconstruction.
Once your lawyer can prove that the other motorist’s aggressive and reckless behavior led to your injuries, they can pursue fair compensation for you.
What Compensation Can Be Recovered After a Road Rage Accident?
Road rage incidents can lead to life-changing injuries. You shouldn’t have to shoulder the costs caused by an aggressive driver. Instead, your attorney will pursue the maximum compensation you are eligible for. Compensation should address both immediate medical expenses and the long-term costs of your injuries.
Compensation may be available for:
Economic Losses
These are losses with a direct financial impact (such as medical bills). They can include:
- Emergency room visits.
- Hospital stays.
- Diagnostic testing, such as X-rays or a CAT scan.
- Prescription medications.
- Transportation to and from appointments.
- Doctor appointments.
- Physical therapy.
- Long-term medical care.
- In-home care.
- Childcare or housekeeping, if help is needed due to your injuries.
- Lost wages and lost job benefits.
- Diminished earning capacity.
- Property damage.
- Home modifications.
- Mobility aids.
Non-Economic Losses
These are losses that usually aren’t connected directly to financial losses. They can include:
- Physical pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Lowered quality of life.
Wrongful Death
If the road rage incident led to the loss of a loved one, you can pursue wrongful death damages. You may be eligible to recover compensation for losses like:
- End-of-life medical costs.
- Funeral expenses.
- Burial costs.
- Loss of financial support.
- Loss of emotional support.
While nothing can erase your grief, financial accountability from the at-fault party can help you rebuild your life after loss.
Is There a Deadline for Recovering Compensation for Road Rage Cases in Florida?
In Florida, the deadline for personal injury lawsuits is typically two years from the date of injury, according to Florida Statutes § 95.11(5)(a). In some cases, this deadline may be shortened or extended. Your lawyer will keep you informed about the timelines for your case.
How Can a Car Accident Lawyer Help You Recover Compensation?
If you’re wondering if “road rage” voids your insurance coverage, you’ve likely been involved in an accident with an aggressive driver. While insurance coverage may be limited after road rage causes an accident, a lawyer can still help you recover compensation.
They can:
- Determine the best path forward, whether through the uninsured motorist coverage on your insurance policy or as a lawsuit against the other driver.
- Fill and file all necessary paperwork, ensuring completeness and accuracy.
- Investigate and gather evidence that supports your claim.
- Negotiate with the other parties for a fair settlement.
- Represent you in court, when necessary.
Your lawyer will support you throughout the legal process.
Call or text 800-602-5000 or complete a Free Case Evaluation form
What Should You Do If You’ve Been Injured in a Road Rage Incident?
Accidents caused by road rage can be especially frightening and chaotic. Your main focus should be on protecting your health and safety. Immediately after an accident, you should:
- Call 911 to report the accident to the police and get medical attention.
- Avoid interacting with the aggressive driver. Instead, if possible, move your car somewhere safe and stay in the vehicle with the doors locked.
Once police officers arrive, and if it is safe to do so, you can take photos of the accident scene. Try to get vehicle damage, any accident debris or physical evidence (such as skid marks), and images of your visible injuries.
When talking to the police officers, do not apologize for your actions. Instead, stick to the facts about the other driver’s behavior. Avoid making statements to insurance adjusters and instead direct these questions to your attorney.
After the Accident
After the accident, you should ensure that you follow your doctor’s guidance for medical care. Stopping or delaying treatment may be used against you.
You should also avoid posting about the accident on social media or interacting with the other driver. If they try to communicate with you, share this correspondence with your lawyer.
Contact a Fort Lauderdale Car Accident Attorney Today
Does road rage void your insurance coverage? It can, and you should talk to a Fort Lauderdale car accident lawyer to understand how you can recover compensation after road rage causes an accident.
The legal team at Blakeley Car Accident & Personal Injury Lawyers is here to fight for financial accountability from dangerous drivers. Contact us today for a free consultation.
