Highway 92 Shooter
Robin Parks, the driver accused of shooting two people on a drunken rampage, has been charged criminally for the acts. Parks had a 0.22 blood alcohol content after the incident. Parks is alleged to have fired the shots that struck Zachary Tucker 18, and Katrina Hines, 30. Parks' wife said that he lost his job as a Postal worker.
A sad aspect of this incident is that the victims may have difficulty getting compensation from Parks for any medical bills, lost wages, or other losses suffered as a result of his actions. While Mr. Parks likely had automobile insurance coverage, because of the intentional nature of his actions in this case, there is a strong likelihood that Mr. Parks' automobile insurance company will not have to make any payments. As such, there is an exclusion for intentional acts of an insured in just about every automobile insurance policy. Furthermore and perhaps more sad, is that the victims who were driving their own automobiles will likely face the same fate from their own insurance companies who have been paid premiums for uninsured motorists' coverage (UM). The problem for the victims in collecting UM coverage will very likely be that there is a legal distinction between the action of the gun and the action of the motor vehicle. There are judicial opinions available that make such a distinction that it was the gun, not the car, that produced the injury, and therefore, the UM portion of the policy is not applicable and the insurance company does not have to pay anything. In a case such as this, it seems unfair to the victim that a person can use a car to intensify the damage to a victim but yet the automobile insurance carrier does not have to pay. If you or a loved one has a question about a personal injury, car accident, or question about automobile insurance, please contact a personal injury attorney with Moody Law to discuss the facts and circumstances surrounding your matter. A personal injury attorney can help you evaluate your situation. A consultation with a personal injury lawyer is free.