Drunk Driving and Punitive Damages

                  Most accidents are not caused intentionally. When you get rear ended, typically it wasn’t done on purpose and it was just a mistake or someone not paying attention. While people often get mad when others hit them and we all have different opinions about what stupid is when it comes to driving, the terms for such behavior is negligence. When people are negligent and cause damages to others, their insurance company tries to pay for the damage caused and you deal with all the issues involved in getting your claim resolved.
                  However there is certain behavior that almost universally can be considered beyond negligent and would be considered reckless and willful or some other legal term that is not relevant for this blog entry. The best example is drunk driving. If you get hit by a person who is drunk and they cause damage to your person or property, in addition to their potential responsibility for medical bills, lost wages, pain and suffering etc, there is an additional claim that needs to be made for punitive damages.
                  Insurance policies in North Carolina cover punitive damages when an insured is drunk or does something else that makes it go beyond a simple rear end collision. An insurance company is not going to tell you about punitive damages and even if you are aware of it, they may not even consider it in the evaluation of your claim. The nature of your damages, the egregiousness of the other drivers behavior, and his past conduct, are just some of the factors that go in to evaluating your claim for potential punitive damages. Again punitive damages is not designed for bad driving or stupid omissions while on the road, but only for the worst kind of conduct that is fairly defined in our States case law.
                  If you are involved in an accident and the person who hit you was drunk or did something that your common sense says goes beyond simple negligence, call Tanner and Romary for a free consultation about your rights and learn what insurance companies do in these situations.

-Jeremy Tanner