Auto Insurance Claims: Not at-fault Auto Accident, heart condition, liability coverage


Question
My son (19 yo) was driving my husbands car (liability only coverage). His friend was ill, does not drive, and asked my son if he could take him to the doctors. A group of kids that have been after my son (over a girl) spotted him. One of the kids passengers got out and kicked the car and cracked the front bumper. My son left, and the kid chased him down, all the while he and his 2 passengers throwing things at our car damaging it. When my son was stopped at a light, in the left lane behind traffic, the other kid in his mini-van hit our car so hard, he pushed it across the center line, causing severe damage. He then went in reverse, and proceeded to hit our car from behind. The next day, the officer advised me his investigation was done and he ticketed the other driver, being 100% at fault. He advised me to go ahead and call the claim into their insurance co. I did, and when the adjuster called back, she asked the whole story, again. At the end, she told me that if their driver "intentionally" hit our car, they were not obligated to pay for damages? Is this true? I've never heard of this and I have worked for Ins Co's for many years (not in claims directly). I've called my agent and am awaiting a return call.
Please, any input would be appreciated. My husband has a heart condition and the stress is killing him.

Answer
I know that if you intentionally caused damage to your own car, then your insurance would not have to cover the loss, as it is a named exclusion from first party benefits. However, I would think that the other party's liability coverage would have to pay your loss. Of course, a third party insurer has no legal duty to you, but their policyholder does, and that is where you apply the pressure. Send a certified letter to the at fault party in the loss and demand they pay for the damage to your car. Also send a copy of this to their insurer, letting them know you will take legal action against their insured in the absence of a fair settlement.

If all of this seems too involved, you can submit the claim to your own insurance company and let them subrogate with the other party's insurance, after which your deductible will be refunded to you.