Punitive Damages for Auto Accidents

Attorney Solomon Neuhardt II

People ask the question whether or not they can get punitive damages in their case, which is to punish the other person, the person that's been at fault, for the injuries that they have been suffered.  The only way that you can get punitive damages is in money form.  The short answer is maybe.  It depends on the type of case, and it depends on the state.

Frequently, in auto accidents, you can get punitive damages.  If, for example, the driver was driving drunk and smashed into your car and caused injuries, then you may want to sue for punitive damages.  

The real question is whether or not you can recover money for punitive damages.  An auto insurance policy will not provide money for punitive damages.  You have to get the money out of the person that was driving drunk and ran into you.  

So then, the next question is do they have money to compensate you for punitive damages.  The insurance company is not going to compensate you.  The insurance company for the person that owns the car is not going to compensate you.

So if the person has deep pockets, if they have money beyond the insurance policy that they have for their car, then, yes, you can collect punitive damages.  What’s required is that you show injuries or damages beyond what their policy provides, their insurance policy provides.  

Let’s say it provides for $100,000 in damages.  You must prove that not only have you suffered that $100,000 in damages, but that your damages go beyond that and that the person has the money to compensate you out of your own pocket.  Difficult to prove for an individual.  It’s easier for a corporation, easier to prove that for a partnership, because they may actually have money that can compensate you for punitive damages.

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