Unfortunately it appears the at-fault party has an exclusion in his policy for claims being paid on his behalf when the policyholder (or drivers listed on the policy) intentionally cause damage to another car or person.
Intentional behavior is generally excluded from any auto insurance coverage. If it were not so, motorists could buy insurance to cover them for purposely poor behavior of hitting into other people's property knowing any damage they intentionally cause will be paid by their insurance company. This is why, as a matter of public policy; one cannot insure intentionally tortuous behavior.
So while you may feel this exclusion is punishing you, it should be actually punishing at-fault party because he should be held accountable for his actions and pay you personally for the damages he caused you. If he does not do this voluntarily then you may need to take him to court and get a judgment against him.
Another option is to place a claim against your own collision coverage, if you have it. You will need to pay your deductible but you may see if your insurance provider plans to subrogate with the at fault party and if so see if there is the possibility of them getting your deductible amount back this way.
|