Fort Myers Car Accident Claims: What to Do When Someone Crashes Into You on Purpose
Car accidents resulting in personal injury claims impact millions of Americans annually, with Florida recording over 400,000 crashes in 2018 alone. Unfortunately, some of these incidents aren't accidents at all—they're deliberate acts where someone crashes into you on purpose.
Florida personal injury law treats intentional crashes significantly differently than typical accidents. With Florida ranking sixth highest in the nation for uninsured drivers at 20.4%, your recovery options become even more complicated when someone deliberately causes harm. Additionally, the state's minimum $10,000 in Personal Injury Protection coverage often falls short for serious injuries that frequently result from these incidents.
Knowing your rights is essential when faced with an intentional crash in Fort Myers. This guide will walk you through what qualifies as an intentional accident, how to navigate Florida personal injury claims, who can be held liable, and the specific steps you need to take to protect yourself legally. Remember that Florida has a two-year statute of limitations for personal injury claims, making timely action crucial to your case.
Understanding Intentional Car Accidents in Florida
Intentional crashes occur in Florida more often than you might realize. Unlike typical accidents caused by negligence, these collisions happen because someone deliberately chooses to use their vehicle as a weapon or tool for fraud. Understanding the legal nuances of these situations is crucial for pursuing proper compensation through personal injury claims.
What qualifies as an intentional crash
In Florida, intentional motor vehicle collisions involve premeditated actions where someone deliberately causes an accident. These incidents typically fall into several categories:
Road rage incidents where a driver deliberately runs another vehicle off the road
Insurance fraud schemes involving staged accidents for false claims
Deliberate acts of harm against specific individuals
Street racing that knowingly endangers others
For a crash to be considered intentional, the at-fault party must have either knowingly engaged in dangerous behavior understanding it would likely cause harm or specifically intended to cause damage. Florida law distinguishes between merely having the intent to perform an act versus specifically intending to cause harm—though this distinction has seen some legal debate over the years.
How intent changes legal consequences
The presence of intent fundamentally transforms your personal injury claim in Florida. First, most insurance policies exclude coverage for intentional acts, leaving you to pursue compensation directly from the at-fault individual—often a difficult path.
However, intentional crashes open the door to punitive damages, which aren't typically available in standard negligence cases. These additional damages aim to punish particularly reckless or malicious behavior rather than simply compensate for losses.
Moreover, the burden of proof changes for punitive damages claims. While standard compensation requires only proof "by a preponderance of the evidence," punitive damages demand "clear and convincing evidence" of recklessness or malicious intent.
Criminal vs civil liability
Intentional crashes often trigger both civil and criminal proceedings simultaneously. Civil cases focus on compensating you for specific harms, whereas criminal cases seek justice for violations of criminal statutes that affect the entire community.
Civil liability primarily concerns making you "whole" through monetary damages without jail time. Conversely, criminal liability can result in imprisonment, especially for actions like organizing intentional collisions, which constitute second-degree felonies punishable by up to 15 years in prison.
Furthermore, anyone participating in the scheme—not just the primary organizer—can face criminal charges. This includes passengers faking injuries or witnesses providing false statements.
Though these proceedings operate independently, they can impact each other. For instance, a criminal conviction can strengthen your civil personal injury case by establishing the defendant's culpability. Nevertheless, the civil case has a lower burden of proof than the "beyond a reasonable doubt" standard required in criminal court.
Your Legal Rights After Being Hit on Purpose
Being deliberately struck by another vehicle transforms your legal standing under Florida personal injury law. Unlike typical accidents, intentional crashes provide you with additional legal options and potential remedies.
Florida's serious injury threshold
Florida's no-fault insurance system typically limits your ability to sue after a car accident. To file a personal injury lawsuit in Florida, you must first exceed the "serious injury threshold." This threshold permits you to pursue damages beyond PIP coverage when your injury involves:
Significant and permanent loss of an important bodily function
Permanent injury within a reasonable degree of medical probability
Significant and permanent scarring or disfigurement
Death
Essentially, this threshold exists to allow victims with extensive damages to step outside the no-fault system and seek proper compensation. Meeting this threshold becomes particularly important since Florida's minimum PIP coverage of $10,000 rarely covers costs associated with serious injuries.
Statute of limitations for personal injury claims
In March 2023, Florida dramatically shortened the statute of limitations for personal injury claims from four years to two years. This means you now have just two years from the date of an intentional crash to file a lawsuit.
Failing to file within this timeframe will likely result in your case being dismissed, regardless of how clear the liability is. Important to realize, this shorter window makes prompt action crucial after any car accident, but particularly after an intentional crash where evidence might disappear and witness memories may fade.
When you can sue beyond PIP coverage
Florida law specifically allows victims of drivers who caused accidents through intentional misconduct to sue for damages outside the no-fault system. As a result, in cases of deliberate crashes, you can pursue compensation for:
Medical expenses exceeding your PIP coverage
Lost wages beyond what PIP covers (which is only 60% up to $10,000)
Pain and suffering damages not covered by PIP
Property damage
In fact, Florida law explicitly exempts intentional misconduct from no-fault restrictions, allowing you to file personal injury claims even when injuries might not meet the serious injury threshold in typical accident scenarios. Consequently, intentional crashes provide stronger grounds for pursuing compensation beyond the limitations of the no-fault system.
Who Can Be Held Liable in an Intentional Crash
After an intentional crash in Fort Myers, identifying all liable parties becomes crucial for your personal injury claim. Beyond the at-fault driver, Florida law often extends liability to vehicle owners and sometimes employers, substantially improving your chances for full compensation.
Driver liability and criminal charges
When someone deliberately crashes into you, they face both civil and criminal consequences. The driver can be sued directly for battery—an intentional tort under Florida law—which allows you to seek compensation for your injuries. Simultaneously, they may face criminal charges such as assault with a deadly weapon or assault with a motor vehicle.
Criminal charges dramatically increase the potential damages in your civil case, as courts view intentional misconduct particularly harshly. If prosecutors can prove the driver intended to cause harm, they could face jail time alongside financial responsibility for your damages. Notably, drivers who engage in "brake checking" (deliberately stopping to cause a rear-end collision) can be charged with insurance fraud if their actions were intended to create a fraudulent claim.
Vehicle owner responsibility under Dangerous Instrumentality Doctrine
Florida applies a unique legal principle called the Dangerous Instrumentality Doctrine that holds vehicle owners responsible for damages caused by anyone driving their vehicle with permission. Notably, this doctrine is exclusive to Florida and places strict vicarious liability on the owner—essentially treating them as if they were driving when the accident occurred.
This doctrine significantly benefits your case in intentional crash scenarios, particularly when the at-fault driver lacks sufficient insurance or assets. Under this doctrine, anyone listed on the vehicle's title can be held financially responsible, even if they weren't present during the crash.
The doctrine does have three key exceptions:
The "shop rule" exempts owners when vehicles are in repair facilities
Theft situations where the driver lacked permission
Vehicle sales where the title hasn't yet been transferred
Employer liability if crash occurred during work duties
If the driver who intentionally hit you was working at the time, their employer might share liability under the legal principle of respondeat superior ("let the master answer"). This applies when:
The employee was acting within their job scope
The actions occurred during employment hours
The employee was performing work-related tasks
For employer liability to apply, the intentional act must somehow serve the employer's interests—a significant hurdle in most intentional crash cases. Yet, when applicable, this avenue potentially provides access to substantial business insurance coverage for your injuries.
Steps to File a Personal Injury Lawsuit in Fort Myers
Pursuing justice after an intentional vehicle collision requires meticulous preparation and legal expertise. The lawsuit process in Fort Myers follows specific procedures that must be executed correctly to maximize your chances of recovery.
Collecting evidence and documentation
Initially, gather comprehensive evidence to strengthen your claim. This includes taking photos of the accident scene, vehicle damage, and visible injuries from different angles. Obtain the police report, which provides an objective account of the incident. Request copies of all medical records, diagnostic test results, and bills to demonstrate the extent of your injuries. Throughout this process, maintain a personal journal documenting how injuries affect your daily life.
Remember that Florida's no-fault law limits medical coverage if initial treatment doesn't occur within 14 days of the accident. Therefore, seek medical attention immediately, even for seemingly minor injuries.
Filing a complaint and serving the defendant
Before filing a lawsuit, your attorney will typically submit a demand letter to the at-fault party's insurance company detailing your injuries and requested compensation. If no settlement is forthcoming, you must file your complaint within two years of the accident date. This formal complaint asks the court to make a judgment about your case.
Once filed, the defendant must be officially served with the lawsuit papers according to Florida legal procedures.
Discovery, depositions, and settlement process
After filing, both sides enter the discovery phase where they exchange information. This includes depositions—sworn testimonies taken outside court. During depositions, you'll answer questions about the accident, your injuries, and financial losses. Your attorney will prepare you beforehand and object to inappropriate questions.
Settlement negotiations continue throughout this process, with 90-95% of cases resolving before trial. If no agreement is reached, the case proceeds to court where a judge or jury determines the outcome.
Asset investigation for compensation recovery
Prior to settlement, your attorney may conduct asset searches to ensure the defendant can pay your damages. These investigations can uncover property, vehicles, bank accounts, business ownership, and other assets. In cases where assets are concealed, surveillance of friends and family members may reveal hidden property.
Conclusion
Dealing with an intentional car crash differs significantly from handling a typical accident case. Throughout this guide, we've explored how Florida law treats deliberate collisions and what steps you must take to protect your rights. Ultimately, proving intent transforms your claim by potentially opening the door to punitive damages while simultaneously complicating insurance coverage.
The shortened two-year statute of limitations for personal injury claims makes quick action essential. Consequently, gathering evidence immediately after the crash strengthens your position significantly. Additionally, understanding Florida's no-fault system and serious injury threshold helps you navigate the complex legal landscape more effectively.
Remember that liability often extends beyond the driver who hit you. Through Florida's unique Dangerous Instrumentality Doctrine, vehicle owners share responsibility for damages, therefore providing additional avenues for compensation when the at-fault driver lacks sufficient resources.
Your success depends largely on thorough documentation and proper legal procedure.
If you have been injured in a car accident and need an attorney, call our Fort Myers, Cape Coral, Estero, Bonita Springs, and Naples Auto Accident Lawyers at Pittman Law Firm, P.L. today for a free consultation. Accordingly, with experienced legal guidance, you can overcome the challenges that intentional crash claims present.
The path to justice after someone deliberately crashes into you certainly requires determination. Nevertheless, by understanding your rights and following the proper steps, you stand a much better chance of receiving fair compensation for your injuries, pain, and suffering.
FAQs
Q1. What qualifies as an intentional car crash in Florida? An intentional car crash in Florida involves premeditated actions where someone deliberately causes an accident. This can include road rage incidents, insurance fraud schemes, deliberate acts of harm against specific individuals, or street racing that knowingly endangers others.
Q2. How does Florida's no-fault insurance system affect intentional crash claims? In cases of intentional crashes, victims can pursue compensation beyond the no-fault system's limitations. This allows them to seek damages for medical expenses, lost wages, pain and suffering, and property damage that exceed Personal Injury Protection (PIP) coverage.
Q3. Who can be held liable in an intentional car crash? Liability in an intentional car crash can extend beyond the at-fault driver. Under Florida's Dangerous Instrumentality Doctrine, vehicle owners can be held responsible for damages. In some cases, if the crash occurred during work duties, the driver's employer might also share liability.
Q4. What is the statute of limitations for filing a personal injury claim after an intentional car crash in Florida? As of March 2023, the statute of limitations for personal injury claims in Florida, including those from intentional car crashes, is two years from the date of the incident. Failing to file within this timeframe may result in the case being dismissed.
Q5. How can I strengthen my case after an intentional car crash? To strengthen your case, gather comprehensive evidence immediately after the crash. This includes taking photos of the accident scene, obtaining the police report, collecting medical records, and maintaining a personal journal documenting how your injuries affect daily life. Seeking prompt medical attention and consulting with an experienced attorney are also crucial steps.
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.