If you are injured in a car accident after being hit by a drunk driver does the insurance company offer you more money?
This is a bit tricky but in my opinion the answer is yes. Technically the insurance company for the drunk driver is only responsible for your pain and suffering from the car accident. Any punitive or punishment damages that a jury would award you is not their responsibility Instead you would have to try to collect the punitive damages award from the drunk driver. That can be difficult since the drunk is likely judgment proof. That means no money in plain English
However insurance companies are afraid of a jury being upset with the drunk driver and making some pain and suffering award that includes the punitive damage claim. In that case the insurance company would be on the hook for the whole verdict up to their policy limits
I recently had a car accident case under that circumstance. We were able to use the punitive damage threat to help our car accident victim get a much higher offer than if he had just been hit by a non-drunk driver.
Well, that’s what we try to do at the law firm of Bernard Tully in car accident cases.
BERNIE the attorney. Wow I love that rhyme.