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Q.

This question was answered based upon current rules, regulations & statutes in effect on April 10, 2017

My friend’s daughter intentionally drove her vehicle off the road and struck a tree.  She passed and when her parents went to her apartment they found the suicide note.   Yup this is devastating.   The state police are asking for permission to check the data on the vehicle to determine cause and they don’t know what to do.   The obvious answer is to just tell them about the note to avoid wasting resources and let the chips fall where they may.  He wonders if PIP will deny coverage (probably will because the MA policy excludes intent to hurt self) but I wonder about the Damage to the vehicle.  She had permission to drive the car.    I believe the vehicle is owned by the father and mother.   In the end I am guessing that the carrier might just take care of their own (He works for the insurance company) but they are not obligated to pay.    

A.

Irene Morrill:  The following is a general exclusion applicable to Parts 5-12

5. For injury or damage that is intentionally caused by you, a household member or anyone else using your auto with your consent.

The PIP exclusion is:

Anyone who contributed to his or her injury by operating an auto (a) while under the influence of alcohol, marijuana, or a narcotic drug, (b) while committing a felony or seeking to avoid arrest by a police officer, or (c) with the specific intent of causing injury to himself, herself or others.

Part 4 doesn’t have the exclusion but in the first paragraph – insuring agreement it states:

We will also pay if someone else using your auto with your consent is legally responsible for the accident.

And the MAP has a definition of accident:

Accident – means an unexpected, unintended event that causes bodily injury or property damage arising out of the owner- ship, maintenance or use of an auto.

Agent:  Thank you for your help!  

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

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