May 21, 2013

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Reporter: Paul Aker

Loophole in Kansas Insurance Law

You probably think if you get into an accident that's not your fault, the other guy's insurance company will have to pay, but that's not always true.

John Faroh loves his car. But a recent run-in with an out-of control driver smashed the object of his pride, dented his wallet, and crushed his understanding of justice because Faroh has to pay repair costs himself.

Faroh was driving down a Wichita street when someone hit him repeatedly. The police determined it was probably road rage, and while it may be hard to believe, road-rage is the reason Faroh is getting stuck with the repair bill, a $5,000 bill.

State law says everyone who drives has to have liability insurance. But there's a loophole that sometimes lets companies to get out of paying the bills. Insurance companies don't have to pay if they their client intentionally caused damage to your car.

State insurance officials say not only is the practice legal, it's fairly common to exclude intentional acts from coverage.

For Faroh, Kansas insurance law seems as messed-up as the wrecks it covers.

People in the insurance industry say the only way to protect you from this type of situation is to pay more by buying comprehensive coverage. That way if someone purposely hits you, your company will pay while the issue gets straightened-out by the courts.

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