A recent viral video captured an intense police pursuit ending when an off-duty officer used his personal vehicle to ram a fleeing motorcyclist. The officer likely acted with good intentions — trying to stop a dangerous chase — but from an insurance standpoint, that split-second decision could carry serious financial consequences.
As insurance professionals, moments like this make us pause and ask:
“Will his personal auto insurance policy cover the damage to his car or any liability claims from this incident?”
The short answer: No.
Let’s break down why.
🔹 The Intentional Act Exclusion
All personal auto policies, regardless of carrier, include an intentional acts exclusion. This clause is designed to cover accidents, not deliberate actions that cause damage or injury.
In the Progressive New York Auto Policy (Form 9611) and Erie’s APNY 01-OCT-15 form, you’ll find similar language excluding:
“Any bodily injury or property damage caused intentionally by or at the direction of an insured person.”
That means if you purposely ram another vehicle — even if you believe it’s the right thing to do — your personal auto policy will not pay for:
- The damage to your own vehicle (collision coverage exclusion)
- Damage to the other vehicle or property (liability coverage exclusion)
- Any injuries to others caused by your act
Insurance is built on the principle of fortuity — it protects you from accidents, not intentional losses.
🔹 “But He’s a Cop” — What About Department Coverage?
This is where things get more complex. The officer’s personal auto policy won’t respond, but his police department’s insurance might.
Here’s how it could work:
- If the department determines that the officer acted within the “scope of employment,” even though he was technically off duty, their municipal or commercial auto liability policy might step in.
- Some public entity insurance programs provide non-owned auto coverage, which extends protection when an employee uses a personal car for official duties.
However, that’s not guaranteed. Whether the department’s coverage applies will depend on:
- Department policy on off-duty interventions
- Whether the officer had authorization
- The exact policy wording and carrier determination
If the department denies responsibility — viewing the act as outside the scope of duty — the officer could be personally liable for all resulting damages.
🔹 Collision Coverage and “Intentional Loss”
Even if the officer carries collision coverage on his personal vehicle, that protection also ends when damage is intentional.
For example, Erie’s Auto Policy states:
“We do not pay for loss caused intentionally by or at the direction of the insured.”
That means the officer would be responsible for his own repair costs, potentially thousands of dollars — and if his insurer determines the loss was intentional, they could even non-renew his policy.
🔹 Lessons for Everyday Drivers
You don’t have to be a police officer to learn from this scenario. Here’s what every driver should take away:
✅ Insurance covers accidents, not intentions.
Even if your actions are well-meaning, once intent enters the picture, coverage ends.
✅ Don’t assume your job protects you off duty.
If you use your personal vehicle for work purposes (police, delivery, construction, etc.), talk to your agent about “non-owned auto” or “hired auto” coverage.
✅ Understand your exclusions.
Most people only focus on what’s covered — but the real insight often lies in what’s not.
✅ Ask about employer coverage.
If you ever use your personal car for work, confirm whether your employer’s policy extends to you and under what conditions.
🔹 Final Thoughts
In the heat of the moment, this off-duty officer acted on instinct to protect the public. But in the world of insurance, good intentions don’t override exclusions.
His personal auto policy will likely deny the claim because:
- The act was intentional
- The vehicle was used for a non-personal, occupational purpose
- Liability and collision both exclude deliberate damage
At best, his police department’s insurance may step in if they consider it an official action. Otherwise, he’ll bear the financial consequences personally.
⚖️ The Takeaway for Agents and Insureds
This incident is a real-world reminder that insurance follows the exposure, not just the person. It’s our role as agents to educate clients — from law enforcement to delivery drivers — that intentional acts, even heroic ones, fall outside standard auto coverage.
If you use your personal vehicle in any way that might overlap with your job, speak with your agent. Together, you can make sure you’re properly protected before you find yourself in a gray area like this.
