Is hitting someone with a car assault?

If a driver intentionally hits a person with their car, it qualifies as assault. If the act is deemed to be an accident, the driver still may face reckless driving or other charges. Hitting someone with your car, accidentally or intentionally, has serious legal and financial consequences.

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Merriya Valleri

Insurance and Finance Writer

Merriya Valleri is a skilled insurance writer with over a decade of professional writing experience. Merriya has a strong desire to make understanding insurance an easy task while providing readers with accurate and up-to-date information. Merriya has written articles focusing on health, life, and auto insurance. She enjoys working in the insurance field, and is constantly learning in order to ...

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Daniel Walker

Licensed Insurance Agent

Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...

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Daniel Walker

Updated November 2024

In most ways, a vehicle is a positive thing to own. It helps get drivers and passengers from Point A to Point B, it is reliable, and it can often be fun to drive. 

is hitting someone with a car assault?

However, this same vehicle has the potential to be a weapon, especially when it involves hitting a person with a car. If you have ever wondered “Is hitting someone’s car assault?” you are in the right spot. Keep reading to learn what crime is hitting someone with a car and whether you can get arrested for hitting someone with a car

Here's what you need to know...

  • Hitting someone with a car by accident may still count as reckless driving
  • When someone commits a vehicular assault, their car insurance rates will rise
  • If the victim feels threatened, a person can be charged with assault without actually touching anyone

Is hitting someone with a car a crime?

The answer to whether running someone over with a car is considered a crime depends on the circumstances of the incident. When it comes to a car hitting someone, it happens in one of two ways — on purpose or by accident.

Intentionally hitting someone with a car means that you will probably be charged with attempted vehicular assault. In addition, depending on what else was going on at the time of the incident, you may be charged with speeding (which will also make your car insurance rates increaseor reckless driving. 

If someone is under the influence, gets angry at another person, and decides to intentionally hit someone with a car, it would result in an additional DUI charge. If the worst happens and the person hit ends up passing away from the injuries, then the charge would be upgraded to vehicular homicide. 

If you accidentally hit someone with your car, it probably will not be considered assault with a motor vehicle. However, depending on the circumstances of the accident, you might still be charged with reckless driving. And you will probably have to cover the person’s medical and/or car repair bills.

Read more: Does my car insurance go up if someone hits me?

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What is considered assault?

According to the Merriam-Webster dictionary, an assault is “a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in the apprehension of such harm or contact.” 

Again, as noted above, what differentiates assault from accidentally hitting someone is intent. Interestingly, the definition refers to being apprehensive of harm or contact. This means that in some cases, a person can commit assault even if they don’t physically touch the victim. 

If the victim feels threatened at that moment, it can still be assault even if no punches were thrown, or no one was hit by a vehicle. Some examples of this include:

  • Threatening to kill another person to where the victim truly believes it will happen
  • Pointing a gun at someone, whether or not the gun is loaded
  • Throwing an object at another person
  • Trying to hit another person but missing

What all of these situations have in common is intent. Assault, at its most basic, involves one person making another person believe they want to harm them.

What about road rage?

Many people have experienced road rage in some form, either as the “giver” or the “receiver.” 

As the AAA notes, nearly 80% of drivers reported experiencing road rage behind the wheel at least once in a 30-day period. If you are out driving and some furious driver damages your car or ends up hurting you, you can file charges against the road raging driver, and they will most likely include assault. Examples of this include:

  • Someone punching your car on purpose
  • A driver leaving their car about to hit someone, e.g., a pedestrian or other driver
  • A person hitting another person, e.g., getting out of the car to yell at them, and challenging them to a fist fight

Going back to the concept of intent, these three examples may qualify as assault with a car because the perpetrator meant to do them.

Read more: Does car insurance cover hitting a pedestrian?

What happens to a driver’s insurance after being convicted of vehicle assault?

When someone commits assault with a vehicle, they can pretty much count on their car insurance rates rising. They may also find that their company no longer wants them as a customer. 

Basically, assaulting someone with a vehicle means that person is a high-risk driver. In addition, if a driver hits someone accidentally and is charged with negligent driving, it can also impact their insurance rates.

Case Studies: Someone Tried to Hit me With Their Car 

Case Study 1: Deliberate Act of Aggression

In an incident marked by heightened emotions, John deliberately collides with Sarah using his vehicle amidst a heated argument. As a result, John faces charges of assault, speeding, and reckless driving. Regrettably, Sarah succumbs to her injuries, prompting the authorities to elevate the charges to vehicular homicide.

Case Study 2: Unintentional Collision

During a moment of inadvertence, Mark unintentionally strikes Sarah while operating his vehicle. Despite the absence of intent, Mark may still face charges of reckless driving. Additionally, he bears the responsibility of covering Sarah’s medical expenses and rectifying any property damage caused by the accident.

Case Study 3: Incident of Vehicular Aggression

In the context of a road rage altercation, John purposefully crashes his car into Mark’s vehicle, resulting in harm. John’s actions qualify as assault and may lead to potential charges and subsequent legal repercussions.

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The Bottom Line on Hitting Someone With a Car

In a perfect world, no one would ever get hit by a car. But unfortunately, accidents can and do happen, and sometimes people are hurt by an oncoming vehicle. When intentionally running someone over, the driver will undoubtedly be charged with assault and end up paying higher insurance rates, as well as the victim’s medical and/or car repair bills.

Frequently Asked Questions

Is hitting someone with a car assault?

Yes, intentionally hitting someone with a car is considered assault.

What is considered assault?

Assault is intentionally threatening or attempting to harm someone physically.

Can road rage incidents be considered assault?

Yes, road rage incidents involving intentional harm or threats may be considered assault.

What happens to a driver’s insurance after a conviction for vehicular assault?

Insurance rates usually increase, and the driver may face coverage issues due to being considered high-risk.

What is the penalty for hitting someone with a car, intentionally or accidentally?

The punishment for hitting someone with a car could be legal consequences, higher insurance rates, and financial responsibility for medical and repair bills.

What is the charge if you hit someone with a car?

What you can be charged with if you hit someone with your car can vary depending on the circumstances of the incident, including factors such as the severity of injuries, whether the driver was under the influence of alcohol or drugs, and whether the incident was intentional or accidental.

Can you go to jail for hitting someone with your car?

You do go to jail, even if you accidentally hit someone with your car, but it depends on the circumstances and severity of the incident.

What is it called when you hit someone with your car?

When you hit someone with your car, it may be referred to as a vehicular accident, collision, or crash.

Is hitting someone with a car a felony?

In cases involving fatalities or serious injuries, then vehicular assault may be charged as a felony.

What is the punishment for hitting someone with a car?

If you hit a person with a car, the consequences will depend on factors such as the severity of injuries, whether the incident was intentional or accidental, and whether any other laws were violated.

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