Intentional Hit by Another Driver in Tennessee

If another driver hit you on purpose in Tennessee, you have a civil claim for assault and battery, not just a negligence claim. That distinction changes almost everything about the case: the damages available, the insurance that responds, and how long you have to file. The driver’s own liability policy may deny coverage, because most auto policies exclude intentional acts. That does not leave you without options. Your uninsured motorist coverage, the driver’s personal assets, and a state victim compensation fund can all come into play.

Road rage, deliberate ramming, running someone off the road, and using a vehicle as a weapon all fall into this category.

How Is an Intentional Hit Different From a Regular Crash?

An ordinary crash is negligence: a driver failed to use reasonable care. An intentional hit is a deliberate act, which supports different claims:

• Battery, for the harmful contact itself
• Assault, for putting you in immediate fear of harm
• Intentional infliction of emotional distress, in extreme cases

Why it matters practically:

• Punitive damages become far more available, since the conduct was deliberate rather than careless
• Tennessee’s damage caps can fall away. The caps in Tennessee Code Section 29-39-102 have exceptions, including where a defendant acted with specific intent to cause serious physical injury
• Comparative fault arguments weaken. It is hard for a driver who aimed at you to argue you were partly careless

Will Any Insurance Cover It?

This is the first practical question, and the answer takes a few steps.

The at-fault driver’s liability policy. Standard auto policies are written to cover accidents. Insurers routinely deny claims arising from intentional conduct by their insured, pointing to the policy’s definition of an accident or an express exclusion.

Your uninsured motorist coverage. This is often the strongest path. When a liability insurer denies coverage, the at-fault driver can effectively function as an uninsured motorist. Tennessee requires insurers to offer UM coverage with every auto policy under Tennessee Code Section 56-7-1201, matching your liability limits unless you rejected or reduced it in writing. From your perspective as the victim, the collision was not intentional, which is central to the coverage argument. Whether it succeeds depends on your specific policy language, so the policy needs to be read closely.

A commercial or employer policy. If the driver was operating a company vehicle, a commercial policy may respond even where a personal policy would not.

The driver’s personal assets. A judgment can be collected against property, wages, and accounts, though many defendants have little to reach.

The Tennessee Crime Victim Compensation Fund

Tennessee operates a Criminal Injuries Compensation Program through the Department of Treasury for innocent victims of violent crime. It is a fund of last resort, meaning it pays after other sources like insurance.

Key points:

• The crime must have occurred in Tennessee
• The victim must report to law enforcement promptly and cooperate with the prosecution
• A claim is generally filed within two years of the crime, absent good cause
• The maximum award depends on the date of the crime, and for crimes on or after July 1, 2025, the overall limit is $34,100
• Covered expenses can include medical and mental health costs, lost wages, and funeral expenses

Details and the application are available through the Tennessee Department of Treasury. This is not a substitute for a civil claim, but it can help with immediate out-of-pocket costs.

You Have Longer to File Than You Might Think

Tennessee’s standard personal injury deadline is one year under Tennessee Code Section 28-3-104. Intentional-act cases often qualify for a longer period.

Section 28-3-104(a)(2) provides a two-year deadline when:

• Criminal charges are brought against the person alleged to have caused the injury
• The prosecution was commenced within one year by a law enforcement officer, district attorney, or grand jury
• The claim is brought by the injured person against the party being prosecuted

Vehicular assault, aggravated assault, or reckless endangerment charges against the driver can trigger this. The statute is strictly construed, so do not assume it applies without a lawyer confirming the criminal case meets each condition. Treat one year as your working deadline.

What Should You Do After a Deliberate Attack?

• Call 911 and insist on a police report. The criminal case supports the civil one.
• Do not confront the driver. Get to a safe place and let police handle it.
• Photograph everything, including damage patterns that show the vehicle was aimed rather than drifted.
• Get witness names. Road rage incidents usually have onlookers.
• Preserve dashcam footage immediately and ask nearby businesses about their cameras.
• Save your phone. Texts, calls, and location data can establish a sequence of events.
• Seek medical care and mental health treatment. Emotional trauma is a compensable part of these claims.
• Report your own UM claim promptly, since policies have notice requirements.

Does a Criminal Conviction Help Your Case?

It can help considerably. A criminal conviction can carry significant weight in the related civil case, and the criminal investigation generates evidence you would otherwise have to develop yourself.

You do not have to wait for the criminal case to conclude before filing civilly, and waiting can be dangerous given the filing deadlines. The two cases run on separate tracks and separate standards of proof, which is why a civil claim can succeed even where a prosecution does not.

FAQs

What if the driver was never charged?

You can still bring a civil claim. Civil cases use a lower standard of proof, and no criminal charge is required.

Can I recover if the driver has no money?

Often yes, through your own uninsured motorist coverage. That is why reviewing your policy early matters so much.

Is road rage automatically considered intentional?

No. Some road rage crashes are reckless rather than deliberate. The distinction affects insurance coverage and damages, and it turns on the specific facts.

Do the damage caps apply?

The caps have exceptions, including for a defendant who acted with intent to cause serious physical injury. Whether an exception applies depends on the evidence.

When a Car Was Used as a Weapon

The insurance side of these cases is where people get stuck, usually after a denial letter arrives claiming the incident was not an accident. That denial is the beginning of the analysis, not the end of it.

The Higgins Firm handles car accident and assault-related injury claims across Tennessee, including uninsured motorist disputes. Use our contact page for a free case review.