For the first time on Thursday, the Colorado Court of Appeals addressed the question of whether a passenger injured outside of his vehicle in a road rage encounter was entitled to an insurance payment. The court answered that he was not.

Robert Boyle was riding as a passenger when the driver of his vehicle and the driver of a Jeep began cutting each other off in traffic, braking suddenly and behaving aggressively. At a red light, Boyle exited his own vehicle to confront the Jeep’s driver, but the driver turned around and hit Boyle. The Jeep dragged and injured him.

Bristol West Insurance Company issued the policy for the vehicle in which Boyle rode, and it contained a provision addressing any “person while occupying, maintaining or using [the owner’s] covered auto.” Boyle received payments from his own insurance and the Jeep’s insurer, but also filed an underinsured motorist claim with Bristol West.

When the company denied his claim, Boyle took the issue to court, where a Mesa County district judge dismissed the case. The court concluded that Boyle was not “using” the vehicle at the time of his injury.

Judge Ted C. Tow, III, writing for the three-member appeals panel, agreed that Bristol West only covered Boyle for use of the insured vehicle, a Toyota, which was not the source of his injuries.

“Boyle also argues that because he only stepped out of the Toyota briefly and remained within a few feet of it, he was still using the vehicle,” Tow explained. “But the key inquiry is not how long he was outside of the car or how far he strayed from it. Rather, the question is whether the activity he was engaged in was a cognizable use of the vehicle.”

Although past courts have upheld claims for injuries not incurred while inside the vehicle — such as by changing a tire or rendering assistance to other motorists — Boyle’s situation did not fall into those categories. Getting out of the car to prolong a road rage confrontation “is not inherent to using a vehicle for transportation or a use contemplated by the insurer when issuing the policy,” the appellate judges concluded.

The case is Boyle v. Bristol West Insurance Company.