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Who pays for intentional tort?

Apopka, FL |

I was Purposely ran off road (with their vehicle) by ex, did $2500.00 worth of damage to my car. Person was charged with careless driving (felony charges were not pressed). Month later came after me again, damaged other side of car (another $1000.00). Felony battery charges were dropped AGAIN. (REALLY????) Will car insurance (theirs or mine) pay for damages? Lawyer says dont bother to sue, I will lose lawyer costs, and all that will happen is they will have a judgement against them. Judgement doesnt guarantee payment. Can i make a claim against their insurance? Or will my company pay? Would that cause a premium increase for me? Advice please? Really distraught having to figure a way to fix the car, its becoming more damaged when it rains.

Thank you for all previous response to my question!! Wish family member would have checked with a lawyer on this first instead of believing information from a road deputy who told him Insurance would not cover it due to it was a criminal act. Family member has changed Insurance company 2 months after incident. :( Lawyer that was spoken to, never gave advice on calling insurance company either. :( Screwed!! My advice to others: Dont take advice from a road deputy, They are not lawyers!!

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Attorney answers 5


Make a claim to your carrier.


Report it to your insurance company to resolve.


Call you insurance carrier.

Any question answered by me on AVVO does not create an attorney-client relationship.

Brian J Esposito

Brian J Esposito




A tortfeasor cannot be insured for an intentional act. However, if you have comprehensive coverage on your vehicle, it should pay for repairs due to vandalism. Review your policy and see if you have the appropriate coverage.

This ans. does not create an attorney/client relationship.


File a claim with your own insurance company. If/when it collects from your ex you will get your deductible back. You could ask your agent about the consequences for your premium.
I also suggest you contact the elected State Attorney (not an assistant) and relate the story, insisting on prosecution.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website

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