Fort Myers Car Accidents: When Insurance Won't Cover Intentional Acts

Did you know that an intentional act behind the wheel contributes to 66% of traffic fatalities caused by aggressive driving? Surprisingly, if someone deliberately crashes into your car, their insurance company will likely refuse to pay for your damages or injuries.

When another driver intentionally hits your vehicle, you're dealing with what's legally classified as an "intentional tort" rather than simple negligence. Unfortunately, every liability policy contains an exception for incidents caused by the intentional acts of the insured. This creates a challenging situation where victims often find themselves without the typical insurance support they expect after an accident.

In Fort Myers, understanding these insurance exclusions is crucial for protecting yourself financially. This article will explain what qualifies as an intentional act in car accidents, why insurance companies deny these claims, and what legal options you have if you become a victim of such an incident. After all, intentional torts usually require legal action to ensure the perpetrator is punished and you're properly compensated for your injuries.

Understanding Intentional Acts in Car Accidents

The legal system makes important distinctions between accidental and deliberate harm on the road. Understanding these differences is essential for victims seeking justice.

What is an intentional act in legal terms?

In legal terms, an intentional act occurs when someone purposefully performs an action with awareness that harm could result. Intentional torts require proof that the defendant not only intended to perform the action but also either desired the harmful consequences or was substantially certain those consequences would occur. Courts often presume people intend the natural consequences of their actions—meaning if someone deliberately sideswipes your vehicle, the law assumes they understood some harm would likely result.

Importantly, the law distinguishes between intent to act and intent to harm. Most courts require both elements to trigger intentional act exclusions in insurance policies. This means someone must both deliberately perform the action and specifically intend to cause injury.

How Florida defines intentional car accidents

Florida courts have grappled with how to interpret intentional acts in car accident cases. Specifically, Florida law has evolved through significant legal precedents. In Landis v. Allstate Insurance Co., the Florida Supreme Court initially suggested all intentional acts could be excluded from insurance coverage regardless of intent to harm. However, the court later clarified in Prudential Property & Casualty Co. v. Swindal that both intent to act and intent to harm are required to trigger insurance exclusions.

Furthermore, Florida courts examine how closely the intended act matches the conduct that caused harm. In some cases, courts have extended intent from one action (like theft) to include harm caused during escape.

Intentional vs negligent tort: key differences

The fundamental difference between intentional torts and negligence lies in the defendant's mental state. Consider these key distinctions:

Unlike negligence cases, intentional torts may also trigger criminal charges alongside civil liability. Additionally, punitive damages are more readily available for intentional torts since society aims to deter intentional harmful behavior.

Why Insurance Often Denies Coverage for Intentional Acts

Insurance companies operate on a fundamental principle: they cover accidents, not deliberate harm. This distinction becomes crucial in car accident claims where intent plays a decisive role in coverage decisions.

The intentional act exclusion clause

Nearly every auto insurance policy contains an "intentional act clause" that explicitly states no coverage will be provided when harm or injury is caused intentionally. This exclusion exists for both legal and practical reasons. Legally, it's grounded in public policy, which opposes allowing individuals to benefit from their wrongdoing. Practically, insurance assesses risk based on accidents—intentional acts fall outside this calculation as they're inherently unpredictable.

The clause effectively voids insurance coverage completely. In essence, the insurer doesn't have to pay a single dollar if their driver deliberately causes a crash.

Does insurance cover criminal acts?

Generally, no. Insurance policies typically exclude coverage for criminal acts regardless of whether intent to harm existed. Courts have consistently affirmed this position, ruling that violations of criminal law can void insurance coverage.

Notably, in many jurisdictions, insurers are entitled to exclude coverage for liability arising from criminal acts even without proving intent. This makes the exclusion particularly powerful, as it applies to any breach of the Criminal Code, not just certain categories.

How insurers determine intent

When evaluating claims, insurance companies conduct thorough investigations to determine whether damage resulted from intentional or accidental actions. They examine:

• Witness statements

• Police reports

• Criminal charges or convictions

• Circumstances surrounding the incident

Intent can sometimes be inferred from conduct alone. For instance, courts may find intent if injury was a natural and probable consequence of the insured's action.

Case example: road rage and denied claims

Consider this real-world scenario: two drivers became entangled in rush-hour traffic frustration that escalated into road rage. One driver deliberately sideswiped the other's vehicle, causing significant damage and minor injuries. The aggressive driver's insurance company promptly denied coverage, citing the intentional act exclusion. The court upheld this decision, leaving the aggressive driver personally responsible for all costs.

Unfortunately, victims often find themselves in a difficult position—unable to collect from the at-fault driver's insurance due to this exclusion.

What to Do If You’re the Victim of an Intentional Crash

Facing the aftermath of an intentional crash requires quick thinking. Understanding your legal options makes all the difference between securing compensation or facing financial hardship alone.

Steps to take immediately after the accident

First and foremost, prioritize your safety by calling 911 immediately. Tell the responding officers you believe the crash was deliberate. Request they note this in the police report, as this documentation becomes crucial for future claims. Seek medical attention promptly, even for seemingly minor injuries, since some conditions develop gradually.

Why you should avoid speaking to insurers first

Talking directly with insurance representatives before consulting an attorney often backfires. Insurance companies aim to minimize payouts and might use your statements against you. Moreover, their first response typically involves investigating whether the crash was intentional—precisely to deny coverage.

How to document evidence of intent

Collect witness contact information at the scene. Take photos showing all vehicles, skid marks, and surrounding conditions. Preserve any communications from the other driver, especially those containing threats or admissions. Obtain surveillance footage from nearby businesses whenever possible.

Filing a claim under UM/UIM or PIP coverage

Fortunately, your uninsured motorist coverage often applies when the at-fault driver's insurance denies claims based on intentional acts. Additionally, Personal Injury Protection (PIP) coverage provides benefits regardless of fault, offering immediate assistance with medical bills and lost wages.

Legal Options and Protecting Your Rights

Taking legal action after an intentional crash becomes your primary path to compensation. Knowing your options ensures you don't forfeit your rights through procedural mistakes.

Can you sue for an intentional act?

Filing a lawsuit is often the only viable option when insurance denies coverage for intentional acts. Unlike insurance claims, lawsuits allow you to pursue several types of damages:

• Medical expenses and lost income

• Pain and suffering

• Property damage

• Punitive damages specifically for intentional misconduct

Cases involving intentional harm typically proceed on two separate tracks—criminal prosecution to punish the offender and civil litigation to compensate you. Consequently, courts may award punitive damages beyond regular compensation to deter such behavior.

Am I waiving my rights to sue when I sign a general release?

Yes—signing a release of liability effectively closes your case permanently. This document prevents you from pursuing additional claims even if you discover new injuries afterward. Insurance companies typically require this form before issuing settlement checks.

Always review release forms thoroughly. The document should only apply to specific parties mentioned. Meanwhile, signing without your insurer's permission might violate your policy terms.

The role of a personal injury attorney in Fort Myers

A Fort Myers personal injury lawyer handles insurance negotiations while you focus on recovery. Furthermore, attorneys work on contingency fees—you pay nothing until they secure compensation. They combat insurance tactics designed to minimize payouts.

Conclusion

Intentional car accidents create a complex legal and financial landscape for victims throughout Fort Myers. Unlike typical accidents caused by negligence, deliberate crashes often leave victims without the insurance coverage they expected. The perpetrator's insurance company will almost certainly deny claims based on their intentional act exclusion clause, forcing you to explore alternative avenues for compensation.

Remember that Florida courts require proof of both intent to act and intent to harm before allowing insurance companies to deny coverage. This legal nuance might become your strongest argument when fighting for compensation. Additionally, your own uninsured motorist coverage and PIP benefits can provide financial relief regardless of the other driver's intent.

Quick action following an intentional crash significantly improves your chances of recovery. Document everything, seek immediate medical attention, and contact law enforcement to establish a record of the incident. Though insurance companies might initially reject your claim, legal options remain available through civil litigation.

Personal injury attorneys specializing in intentional torts understand these complicated cases. They can help you pursue not only compensatory damages but also punitive damages meant to punish particularly egregious behavior. Before signing any release forms or accepting settlements, consult with a qualified Fort Myers attorney who can protect your rights while you focus on healing.

The road to recovery after an intentional car accident differs substantially from typical accident claims. Armed with knowledge about insurance exclusions and your legal options, you stand a much better chance of securing the compensation you deserve after experiencing this traumatic and deliberate harm.

Key Takeaways

Understanding intentional car accidents and insurance exclusions can protect you financially and legally when facing deliberate crashes in Fort Myers.

• Insurance companies deny coverage for intentional acts - nearly every auto policy excludes deliberate harm, leaving victims without expected insurance support

• Document everything immediately - call 911, tell officers the crash was intentional, collect witness information, and preserve all evidence of intent

• Your own coverage may still apply - uninsured motorist (UM/UIM) and Personal Injury Protection (PIP) often provide benefits even when the at-fault driver's insurance denies claims

• Legal action becomes essential - filing a lawsuit is typically the only way to recover damages, including compensation and punitive damages for intentional misconduct

• Never sign releases without legal counsel - these documents permanently waive your rights to pursue additional claims, even for undiscovered injuries

When insurance fails due to intentional act exclusions, working with a Fort Myers personal injury attorney becomes crucial for navigating the complex legal landscape and securing the compensation you deserve.

FAQs

Q1. Are intentional car accidents covered by insurance? Generally, no. Most auto insurance policies have an intentional act clause that excludes coverage for harm or injury caused intentionally. This means if someone deliberately crashes into your car, their insurance company will likely refuse to pay for damages or injuries.

Q2. What should I do if I'm the victim of an intentional car crash? Immediately call 911 and inform the police that you believe the crash was deliberate. Seek medical attention, even for minor injuries. Document everything by taking photos, collecting witness information, and preserving any evidence of intent. Avoid speaking with insurers before consulting an attorney.

Q3. Can I sue for damages in an intentional car accident case? Yes, filing a lawsuit is often the primary option when insurance denies coverage for intentional acts. You can pursue compensation for medical expenses, lost income, pain and suffering, property damage, and potentially punitive damages for intentional misconduct.

Q4. Will my own insurance cover me if I'm hit by a driver who intentionally caused an accident? Your uninsured motorist (UM/UIM) coverage and Personal Injury Protection (PIP) may provide benefits even when the at-fault driver's insurance denies claims based on intentional acts. These coverages can offer immediate assistance with medical bills and lost wages.

Q5. How long do I have to file a claim for a car accident in Florida? As of March 24, 2023, Florida law has shortened the statute of limitations to two years for most car accidents. This means you have two years from the date of the accident to file a lawsuit, regardless of whether it was intentional or not.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.