Is Nationwide really on your side?
The case to decide who should pay for injuries suffered at the hands of a man while he was running from the police is going to the Texas Supreme Court.
Back in 1999, Richard Gibbons was being chased in his truck by the San Marcos police when he hit a car carrying Greg and Maribel Tanner, as well as their 7-year-old son Roney. Roney was badly injured. He spent a week in a coma, a month in the hospital and five years in physical therapy as a result of the accident.
Though Gibbons is obviously at fault, the question is whether or not his $300,000 insurance policy from Nationwide will pay the Tanners for Roney’s medical bills. The discrepancy is over an “intentional act” exclusion that basically means that if Gibbons knew, or ought to have known, that the police chase would end in a wreck, Nationwide does not have to cover the costs of the accident.
Nationwide attorneys say that Gibbons “ought to have known” that ignoring traffic signals and speed limits would cause him to wreck, and that they are therefore financially absolved from his actions. However, attorneys for the Tanners point out that braking and swerving in an attempt to prevent a wreck shows that Gibbons’ collision with their vehicle was not, in fact, an “intentional act.”
So far, two lower courts have sided with Nationwide. The Texas Supreme Court will rule on this case sometime next year.
The Texas accident lawyers at Cappolino, Dodd & Krebs are here to help families who have been injured at the hands of negligent drivers. Think you have a case? Call us today and find out.