Is hitting someone with a car assault?

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. 

However, this same vehicle has the potential to be a weapon, especially when it involves a car hitting a person. If you have ever wondered “Is hitting someone with a car assault?” you are in the right spot. Keep reading to learn more about this serious, but important topic.

Is hitting someone with a car assault?

The answer to this question 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.

If you hit someone intentionally with your vehicle, you will probably be charged with 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 increase) or reckless driving. 

If someone is under the influence, gets angry at another person, and decides to deliberately hit them with their car, this 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. 

As for accidentally hitting someone with your vehicle, it probably will not be considered assault with a 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?

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 harming another person 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 be an 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:

• A driver ramming into another vehicle on purpose
• A driver leaving their car to hit a pedestrian or other driver
• Someone running another driver off the road, getting out of the car to yell at the person, and challenging them to a fist fight

Going back to the concept of intent, these three examples may qualify as assault 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 vehicular 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.

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 this occurs intentionally, 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.