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Auto Insurance Claims/Intentional act exclusion is possible?


I was rear ended freeway in 2010 and driver was different than owner of the pick up truck. It was hit and run accident and to state patrol I have a statement that he was speeding and was unable to stop but in my visit to chiropractic I gave a written explain on their accident questionnaire form that 'I think he was determined to hit me because he was angry' can insurance company of the owner of the truck find this statement as an excuse saying that it was intentional act and not accident. Please note that driver was not the owner of the truck which was insured not sure if driver was insured at all. And owner was not with the driver at the time of accident but  he admitted that driver had an permission to drive his pick up.....even though I gave a statement that he was angry and determined to hit me.....the owner is still responsible for negligence (as he provided permission to that suspended license driver) and owner's insurance company has to pay for my damages and can not use intentional act exclusion as an excuse not to pay?

Also  my statement to one of my doctor's is enough for at fault insurance company to use as their defense saying that it was intentional?

Intentional acts by the insured are not covered by insurance. Whether this applies to a permissive driver may depend on your state law. So you should ask an auto accident attorney listed in your phone book. Dont hire any attorney who will not answer this question for free. But you still have a legal claim against the driver and the owner, if the owner knew the driver intended to smash into you.

Ron Cercone
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Ron Cercone


How to handle automobile total loss claims. I am the president of, which sells 29 different eBooks I have written on how to maximize various types of auto, home and business claims and how to get coverage on denied claims. You may view their tables of contents online. Also available are very specialized eBooks such as on EUO (Examination Under Oath) for example. Also available is an assortment of policy forms used by the most popular insurers. The eBooks have a money back guarantee and currently include personal consultation with Ron Cercone.


I have been adjusting insurance claims since 1980. 1980 to 1995 adjusting for many insurers (6 years as an independent adjuster with my own company). Currently working as a public adjuster in California, since 1995. I'm one of the few public adjusters who has handled automobile damage and total loss claims.

CAPIA (California Association of Public Adjusters).

BA 1975 in History and Industrial Arts. Full CV at .

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