QUESTION
If I escaped with limited injuries, car I still sue for punitive damages?
Asked on Mar 15th, 2013 on Personal Injury - Florida
More details to this question:
I was in a rather gruesome-looking DUI hit and run (other driver was at fault - ran a red light) that totaled my car. If I escaped with limited injuries, car I still sue for punitive damages? How likely is a jury to award these? How likely is an insurance company likely to make an increased settlement offer because of these extenuating circumstances?
16 ANSWERS
The fact that the other driver was a DUI hit and run will help you in negotiating with the insurance company and at trial. You can ask for punitive damages in the complaint.
Answered on Apr 02nd, 2013 at 12:37 PM
Ronald A. Steinberg
Not in Michigan.
Answered on Mar 17th, 2013 at 8:55 PM
Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA
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Murchison & Cumming, LLP
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If you don't have any real injuries, or damages (e.g., lost wages, medical expenses, etc.), then a lawsuit will probably be more trouble than it's worth. If the other driver was "hit and run" then you don't have any defendant to sue in the first place. If you do find the defendant, he or she may be in store for some criminal charges, but if you have no injuries, or damages, there's no PI case. In order to recover for "emotional distress" w/out physical injury, you have to actually witness some severely gruesome event and physical injury to a family member or relative (Like a beheading, or dismemberment). If you were in a bad looking auto accident, but suffered no physical injuries, you're there. Even if you had a car which you loved, even a vintage or antique car, you can't recover emotional distress damages from a property damage alone. Having said that, if there is actual willfulness or deliberateness, or improper hurtful motive by the defendant in causing the incident, you might be able to recover punitive damages in addition to the property damage. I don't think mere intoxication alone would suffice. The showing required for punitive damages will be much greater, like vindictiveness, or a grudge, or hatred or ill will deliberately directed toward you, something beyond the realm of everyday life events.
Answered on Mar 17th, 2013 at 8:17 PM
James Eugene Hasser
Yes you can, but those damages must have some rational relationship to the injuries and damages done. It will get the attention of the adjuster for the insurance company and may even get you a fair settlement, but that is about it. It's the threat of punitive damages that hopefully makes them pay enough to fairly compensate. Remember that. Don't ever let them legislate out punitive damages. Good luck.
Answered on Mar 17th, 2013 at 8:03 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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In Washington, the answer is no. Here's what happens in the typical "drunk driver at fault" case in the courtroom. The defendant through his insurance company lawyers will deny liability until they walk into the courtroom at which time the defendant's attorney will advise the court that they have decided to admit liability. This keeps all the drunk driving evidence out of the case because the judge will say "They have admitted liability; how he was driving is irrelevant to the issue of your damages, and would only be used in any event to inflame passion in the minds of the jury; the only issues left are how and in what fashion have you been injured, and what is the amount of your damages".
Answered on Mar 15th, 2013 at 4:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Insurance company will pay you a reasonable settlement rather than go to trial with a drunk driver. You are not likely to get punitives or anything extra just because you want it.
Answered on Mar 15th, 2013 at 3:29 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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No. Punitive damages aren't allowed in this kind of case. Insurance company won't increase any settlement offer above and beyond anything which it might otherwise offer no matter how drunk the other drive was or how bad the physical damage was to the cars. If you didn't suffer a serious impairment of body function (legally-loaded words, essentially meaning that you suffered a significantly-life-affecting injury), your lawsuit against the striking (DUI) driver will be dismissed, assuming of course that you sue him. The trade-off for the heightened bar to bringing such a case is the first-party (also called No-Fault or personal injury protection or PIP) benefits to which you are entitled, including among other things medical benefits, lost salary wages for up to three years following the crash, and replacement services.
Answered on Mar 15th, 2013 at 2:35 PM
Edwin K. Niles
Punitive damages are (rarely) awarded for intentional acts; I don't think DUI would be considered to be intentional. Furthermore, insurance only covers negligence. It sounds as if the other driver was 100% at fault. It doesn?t get better than 100%.
Answered on Mar 15th, 2013 at 2:06 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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Very likely. You should seek legal counsel.
Answered on Mar 15th, 2013 at 1:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No matter what, you are only going to be able to collect your damages which would be your medical expenses, loss of your car, and perhaps some compensation for pain and suffering. In Michigan all these things will be paid by your insurance company as it is a no-fault state.
Answered on Mar 15th, 2013 at 1:50 PM
Personal Injury Attorney serving Indian Wells, CA
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Barry Regar A Professional Law Corporation
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Yes you can add a punitive damage cause of action in the complaint filed against the drunk driver. The extent of your personal injuries does not prevent you from seeking punitive damages. If you wish to forego the punitive damages aspect of the case the insurance carrier may be willing to increase an offer that they would have made on a simple at fault claim. The insurance company is not responsible to pay any punitive damage award the jury includes in their verdict if the case went to trial. You should consult with an experienced personal injury lawyer to explore all your options. Also you should investigate the financial status of the drunk driver since any punitive damage award will be dependent on what the jury knows about the defendant. Of course you may be able to settle your claim with money paid by the insurance company and money paid by the defendant to settle the punitive damage claim. Seek legal counsel. Most personal injury lawyers handle these cases on a contingency fee basis with a free initial consultation.
Answered on Mar 15th, 2013 at 1:49 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Since the other driver is presumably the one who got tagged for the DUI, you may have a shot at raising the ante on account of the exposure to punitive. See a lawyer.
Answered on Mar 15th, 2013 at 1:44 PM
In Massachusetts, you are entitled to recover for pain and suffering for your actual damages or injuries only. One must show that the other person is more than 50% at fault and you would either need to have over $2000 in medical bills, permanent scarring, or a fracture.
Answered on Mar 15th, 2013 at 1:43 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Absolutely, because for punitive damages, your injuries are relevant, but the purpose of punitive damages is to punish the drunk driver and deter that conduct in the future. The amount of punitive damages is somewhat dependent on the amount of your injuries, b/c there is a Supreme Court case that holds that the maximum punitive damages that can be awarded with being unconstitutional is 10 times the compensatory damages awarded. Therefore, if you have minimal injuries, but the defendant was really drunk, you still can only get 10 times the compensatory damages that are awarded, but regardless of how fortunate both you and the drunk driver may be in regards to your injuries, you are still entitled to punitive damages for his driving drunk.
Answered on Mar 15th, 2013 at 1:43 PM
Monica Cecilia Castillo-Barraza
Need more information, but generally punitives are awarded a form of "punishment" for behavior such as driving under the influence.
Answered on Mar 15th, 2013 at 1:42 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, upon proof that the defendant driver was operating the vehicle while under the influence of alcohol, there is case law which allows you to get punitive damages.
Answered on Mar 15th, 2013 at 1:42 PM