Road rage injuries arise out of use of automobile; insurance must cover

Law Reporter, Apr 2003

AUTOMOBILE ACCIDENTS

Road rage injuries arise out of use of automobile; insurance must cover.

Cole v. United Servs. Auto. Assoc., _ P.3d _, No. 01CA2542, 2002 WL 31357173 (Colo. Ct. App. Oct. 10, 2002).

A Colorado appellate court held that injuries due to an attack caused by "road rage" arise out of use of an automobile for insurance purposes.

In this case, Cole was a passenger in his car when another driver intentionally backed into Cole's vehicle. A fight ensued between the two drivers, and a passenger from the other vehicle assaulted Cole. The other driver was uninsured. Cole filed a claim under the personal injury coverage of his uninsured motorist coverage. The insurance company denied his claim, saying that his injuries did not arise from the use of the vehicle.

Cole sued the insurance company, seeking a declaratory judgment that his injuries were covered. A trial court granted plaintiff summary judgment.

Affirming, the appellate court held that an injury arises out of the use of a vehicle if it is causally related to a conceivable use of the car and is not foreign to its inherent purpose. To establish a causal relationship, plaintiff must show the injury would not have occurred but for the use of the vehicle. In this case, the uninsured vehicle caused plaintiff's vehicle to stop, allowing the passenger of the uninsured vehicle to assault plaintiff. But for the use of the uninsured vehicle, there would have been no assault, the court said. Therefore, there was a causal connection between plaintiff's injuries and the uninsured vehicle to mandate coverage of the assault by the insurer.

Plaintiff's Counsel

*Richard P. Ranson, Colorado Springs, Colo.