Punitive damages?

[gelement]

What is the name of your state? California.
I was stopped behind a car at a red light. A heard screaching tires, looked up in a split second a car slammed into me 1 week old Honda Element. I was hit in the right rear area. The force of the impact knocked me into a car ahead of me. The driver of the car that hit me was DWI. And as it turns out was racing another car. The other car was never identfied. With all that eing said me and the other victem were both hurt. I went to the ER, got xrays, meds and am waiting to see my regular Doc on monday. In addition to fixing my car and taking care of medical bills and lost wages, is there any chance of suing him for "Punitive damages"? Beings as it was an act caused by extreme reckless and irresponsible behavior?
Thanks

 

[I AM ALWAYS LIABLE]

What is the name of your state? California.
I was stopped behind a car at a red light. A heard screaching tires, looked up in a split second a car slammed into me 1 week old Honda Element. I was hit in the right rear area. The force of the impact knocked me into a car ahead of me. The driver of the car that hit me was DWI. And as it turns out was racing another car. The other car was never identfied. With all that eing said me and the other victem were both hurt. I went to the ER, got xrays, meds and am waiting to see my regular Doc on monday. In addition to fixing my car and taking care of medical bills and lost wages, is there any chance of suing him for "Punitive damages"? Beings as it was an act caused by extreme reckless and irresponsible behavior?
Thanks

My response:

The California Supreme court has, in the case of Taylor v. Super.Ct. (Stille) (1979) 24 Cal.3d 890, 157 Cal.Rptr. 693,
many years ago stated that driving intoxicated, and cause bodily injury and other damages, is a "purposeful, malicious and oppressive act", subjecting a defendant to punitive damages.

However, here's the problem - -

Insurance companies DO NOT cover an insured for punitive damages, and most attorneys don't even want to bother with claiming such damages against the "average Joe".

The reason for this is that insurance coverages are usually enough, and nobody wants to "chase after" someone to personally pay punitive or exemplary damages.

And, what makes this worse, is that you could be fighting for those damages for years, and then if you win, "average Joe" declares Bankruptcy.

So, it all becomes a futile waste of time, money and effort.

Unless your defendant is among the "very rich", don't even bother with punitive damages.

IAAL

 

[gelement]

O.K one more..

I am vey uninformed in legal issues so I will ask what may seem to be a dumb question. Is "Pain and suffering" the same as "punitve damages"?
Thanks.

 

[I AM ALWAYS LIABLE]

Re: O.K one more..

I am vey uninformed in legal issues so I will ask what may seem to be a dumb question. Is "Pain and suffering" the same as "punitve damages"?
Thanks.


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My response:

No. "General Damages" or, as they are generally known, "Pain and Suffering", are not "punishment" (punitive) damages.

You're welcome.

IAAL