Frederic Paschal shot in chest in Daytona Beach: Is this covered by his auto insurance?

In the early morning hours of April 23, 2009,  Frederic Paschal, 23, had car trouble and in Daytona's Beachside area and was approached by three males.   Mr. Paschal was shot in the chest and remains in critical yet stable condition in Halifax Hospital.   The  Police found, Reginald Slappy, one of the three men involved in the shooting and are looking for the other two.  Reginald Slappy was released on a two thousand dollar bond. 

As a car accident attorney, I see all types of injuries happening in and around cars.   If the injury occurs and it is not the ordianry car crashing into another car,  then the question of whether or not an auto insurance policy will cover the injured person and pay for their damages.  There is not standard answer to this question because each set of circumstances giving rise to the injury is differnet.  

Judges must decide whether or not the injury arises out of the use of the automobile.   "Arising out of does" not mean "caused by."   The Judges ask themselves if the injury was a reasonably forseeable consequence of the use, ownership or maintenance of the vehicle.   The Florida Supreme Court has stated: "All that that is required is some nexus between the motor vehicle and the injury."   

The Florida Suprmeme Court considered a case where a driver was in her car and about to drive away from home when a stranger approached her and asked her for a ride .  When she refused he shot her in the face, pulled her from the car and drove away in the car.    The Court found that a sufficient connection existed between the car and the injury and found that her auto insurance should cover her damages.  The automobile does not need to me the instrumentality causing the injury.  

The answer to whether or not Mr. Frederic Paschal will have auto insurance to pay for his damages is unclear at this point.  The answer will become apparent once more infomation about how the shooting occured becomes avaiable.