Do insurance companies cover punitive damages

No, most liability insurance policies specifically exclude coverage for punitive damages, including car accident cases. If your collision involves facts that may justify an award of punitive damages, you may want to investigate the defendant’s assets before pursuing this type of compensation. Most car accident claims or lawsuits do not cover punitive damages.

a california car accident attorney can evaluate your car accident case to see if it might be a candidate for punitive damages. Let’s explore the issues involved in the question of whether insurance companies cover punitive damages in a car accident case.

Factors you must prove to get punitive damages

It is rare for punitive damages to be awarded in a specific car accident injury case. The defendant’s conduct must be shocking and extreme in order to justify punitive damages. California law requires that the defendant’s actions were malicious, despicable, or show a willful or conscious disregard for the safety of others to support an award of punitive damages.

Ordinary mistakes or negligence usually do not rise to the level of malice or other egregious conduct necessary to warrant an award of punitive damages. The question of punitive damages is addressed on a case-by-case basis and is subjective.

  • A driver who texted while driving and has no history of causing accidents with that behavior is unlikely to be ordered to pay punitive damages. On the other hand, someone who regularly live-streams driving pranks on social media and has received multiple tickets for doing so may be a candidate for punitive damages.
  • A first-time DWI offender cannot be ordered to pay punitive damages, but a person with three or four DWI offenses who has a blood alcohol content (BAC) that is much higher than the legal limit can be ordered to pay punitive damages. may have to pay punitive damages. Due to the drinking of the driver.
  • A pedestrian crossing the street legally in a crosswalk with a traffic signal is struck by a car that intentionally hit the walker after identifying the pedestrian as a business competitor of the driver. The driver may be ordered to pay punitive damages.

Typically, punitive damages for car accidents require the defendant to have made the same mistake in the past, so they must be aware of how the consequences of their actions could harm others. Sometimes, as in a pedestrian accident, the defendant engages in an intentional act that is malicious.

Types of Money Damages in Car Accident Cases

Generally, a person injured in a car accident caused by someone else can seek compensation for their medical bills, loss of wages, pain and suffering, and other damages. Typically, the claim does not cover punitive damages.

However, if the claim involves punitive damages based on shocking or malicious conduct, the injured person may still seek compensation for his or her medical bills, lost wages, pain and suffering, and other damages. A request for punitive damages does not bar the injured person from seeking specific types of compensation. We understand that monetary damages in car accident cases can be confusing. You may want to speak with a California personal injury attorney to find out what types of compensation you may be able to pursue in your situation. you can contact us today For a free no obligation initial consultation.


Yossi Yahoudai is the founder and managing partner of J&Y. His practice primarily consists of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits involving dangerous conditions of public property, criminal conduct of third parties, and intentional torts. She also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned a Bachelor of Arts from the University of California and is admitted to practice in all California State Courts and the United States District Court for the Southern District of California. If you have any questions about this article, Yosi can be contacted at by clicking here.



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