Last updated · Reviewed by Ron McMinn, Esq.
When a driver hits someone on purpose in California, that driver can be sued for the full harm, but the driver’s own liability insurer may refuse to pay because Insurance Code section 533 bars coverage for a willful act. Money for the injured person can still come from other places: your own uninsured motorist coverage, medical payments and collision coverage, criminal restitution, the California Victim Compensation Board, and sometimes others whose conduct played a part. The deadlines are the same short ones as any crash claim. This guide is general information and does not decide what happened in any real case.
What does the news say, and what does it not say?
The San Bernardino County Sheriff’s Department said, in a news release published November 4, 2026, that deputies responded to a three-vehicle collision at Day Creek Boulevard and Wilson Avenue in Rancho Cucamonga at about 8:58 p.m. on Sunday, November 1, 2026. The department said detectives determined that the driver of one vehicle intentionally struck another, that one person died and three others were hurt, and that the driver would be booked on murder and attempted murder charges once medically cleared. Those are statements by investigators. No court has made any finding, and we are not naming anyone. We use the case only because it raises a question families rarely think about: who pays when a crash is not an accident?
Does auto insurance pay when a crash was intentional?
Usually not through the driver’s liability policy. Insurance Code section 533 says an insurer is not liable for a loss caused by the willful act of the insured. Insurers often point to that rule when the evidence suggests a driver meant to cause the collision. A few points matter in practice:
- Whether the act was truly intentional is a factual fight. A driver may say the crash was careless, not deliberate, and the answer can change which policy responds.
- The rule is about the driver who acted willfully. It does not erase your own coverage.
- An insurer may deny, reserve its rights or defend under a reservation. Keep every letter you receive.
What other sources of money can help?
Think of it as several lanes, each with its own rules:
- Your own uninsured motorist coverage. Under Insurance Code section 11580.2, a vehicle can count as uninsured when the other driver’s insurer denies coverage. Whether that fits an intentional crash depends on your policy and the denial. Our UM and UIM page explains the basics.
- Medical payments and collision coverage. These are first-party coverages. They may pay for treatment and vehicle repair without waiting for anyone to be found at fault, subject to policy terms.
- Health insurance. It can pay bills now, but the plan may claim reimbursement later.
- Criminal restitution. If there is a conviction, Penal Code section 1202.4 directs the court to order restitution to the victim. Collection can be slow, and it depends on what the defendant can pay.
- The California Victim Compensation Board. It can help eligible victims of violent crime with certain costs. Eligibility and filing rules apply, so read the CalVCB site and apply early.
Can you sue the driver, and what can you recover?
Yes. A civil claim for battery, assault or negligence does not depend on the driver’s insurer. Damages can include medical bills, lost income and non-economic harm such as pain and loss of enjoyment of life. Where the evidence shows malice, Civil Code section 3294 allows a request for punitive damages. The hard question is collection. Insurance generally does not pay for intentional harm or punitive damages, so recovery may depend on the driver’s own assets.
Others may be involved in some cases. If the car belonged to someone else, the owner’s liability for permissive use is capped by Vehicle Code section 17151. If a person handed over keys knowing the driver was dangerous, a negligent entrustment theory may be considered. These are fact questions, not assumptions.
What if someone died?
A wrongful death claim belongs to the people the law lists, and the list is narrower than most families expect. Code of Civil Procedure section 377.60 names a spouse, domestic partner and children, and others in some situations, such as those who depended on the person financially. A separate survival claim can cover the loss the person suffered before death. Our wrongful death page and our guide on who can file when a child dies in a crash walk through those categories. For crashes caused by a driver fleeing police, see our guide on drivers fleeing police. For impairment and punitive damages, see drunk driving punitive damages.
How does the criminal case affect a civil claim?
They are separate. The prosecutor represents the state, not you. A civil case has its own evidence rules and a lower standard of proof, and it may be delayed while a criminal case is pending. A conviction can matter in the civil case, and Code of Civil Procedure section 340.3 can extend the time to sue in some cases after a felony conviction. Do not count on that extension. Treat the ordinary deadline as your deadline until a lawyer tells you otherwise.
What to save
- The report number, the name of the agency, and the detective’s contact information.
- Photos of the scene, the vehicles and your injuries, and any video from nearby cameras or dashcams. Many cameras overwrite within days.
- Every medical record and bill, and the dates you missed work.
- Your insurance policy, the declarations page, and every letter from any insurer.
- Any messages or social media posts from the driver. Screenshot them and do not reply.
- Victim notification and restitution forms from the district attorney’s victim services office.
What are the deadlines?
- Two years for most injury and wrongful death lawsuits, under Code of Civil Procedure section 335.1.
- Six months for a written claim if a public entity is involved, such as a government vehicle or a dangerous road condition, under Government Code section 911.2. See our government claims page.
- Policy notice periods for your own insurer. Tell it about the crash early.
- CalVCB and restitution each have their own steps, so ask early.
Frequently asked questions
Does my insurance cover me if another driver hits me on purpose?
Your own coverages can still apply. Medical payments, collision and uninsured motorist coverage depend on your policy terms, and the other driver’s liability insurer may deny the claim under Insurance Code section 533.
Why would the other driver’s insurer deny the claim?
California Insurance Code section 533 says an insurer is not liable for a loss caused by the willful act of the insured. That is why intentional crashes often shift the focus to other sources of recovery.
Can I still sue a driver who hit me on purpose?
Yes. You can bring a civil claim even if there is a criminal case, or none. Collecting a judgment may depend on the driver’s own assets because insurance generally does not pay for intentional harm.
What is criminal restitution?
Restitution is a court order, after a conviction, that the defendant repay the victim’s losses. It can help, but it is not a substitute for a civil claim and payment can take years.
Can the California Victim Compensation Board help?
It can help eligible victims of violent crime with certain costs, such as medical care or funeral expenses. Eligibility and application rules apply, so apply early.
How long do I have to file a lawsuit?
Most California injury and wrongful death lawsuits must be filed within two years. A claim involving a public entity generally needs a written claim within six months.
Talk to us
If you were hurt, or lost someone, because a driver acted on purpose, we are here to listen and explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.
Hablamos español. Chúng tôi nói tiếng Việt.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.
Sources: News release published November 4, 2026, Insurance Code section 533, Insurance Code section 11580.2, Penal Code section 1202.4, CalVCB site, Civil Code section 3294, Vehicle Code section 17151, Code of Civil Procedure section 377.60, Code of Civil Procedure section 340.3, Code of Civil Procedure section 335.1, Government Code section 911.2.