Intentional Acts in Greensboro Personal Injury Cases
When a victim is injured in a Greensboro Car Crash, many people wonder if it is possible for the victim to be compensated. The answer is absolutely, yes! The mistaken idea or belief that a victim could possibly be unable to be compensated for an injury that occurred due to an intentional act has it’s genesis in the general rule that insurance companies will not cover damage that was attendant to an intentional act of the insured. While the terms of the actual written insurance policy between the insured and the insurance company may indeed state that intentional acts will not be covered by the insurance company, there is a North Carolina law that overrides this provision.
The North Carolina “Financial Responsibility Act” is a law that deals generally with automobile ownership, operation, and the insurance that should be required with such responsibilities. The Financial Responsibility Act interacts with the reality of intentional acts pursuant to the North Carolina Supreme Court case of Insurance Company v. Roberts, 261 N.C. 285 (1964). In this case the North Carolina Supreme Court held that even in collisions and other situations involving intentional acts on the part of the insured, the insured’s insurance company must at least tender the minimum limits (in North Carolina, that’s $30,000) to compensate the victim.
The idea here is that although an intentional act may seem to be a true accident, the reality is that, to the victim, the damages and injuries suffered by the victim are very real! In fact, they are just as real as if their painful and possibly permanent injuries from the event causing the Greensboro Personal Injury had resulted from a true accident.
However, beyond the minimum limits that are imposed, the insurance policy’s text will prevail, and no matter what the actual limits of the policy, the insurance policy will not pay out over and above the minimum limits required by North Carolina law.
Contact our Greensboro Car Accident Lawyers today if you or someone you know has been involved in a car accident or suffered a personal injury in Greensboro, High Point or Asheboro.