I was rear-ended by an uninsured driver and the repair costs were covered by my insurer, can I still the driver for punitive damages?

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I was rear-ended by an uninsured driver and the repair costs were covered by my insurer, can I still the driver for punitive damages?

My car need approximately $12,000 in repairs that was ultimately covered by my insurance company.

Asked on February 19, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Punitive damages are only available typically for *intentional* or deliberate/willful wrongful acts--not for "mere" negligence or carelessness. So unless this person ran into you on purpose (e.g. road rage; they were a stalker; etc.) *and* you believe you can prove that in court, you would not be able to recover punitive damages.


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