Is It Really Possible to Get More Than My Car Is Worth After an Accident?

North Carolina allows for the recovery of punitive damages when the defendant was responsible for one or several of the following aggravating factors: fraud, malice and willful or wanton conduct.  Willful or wanton conduct is defined as “the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm.”

N.C.G.S § 1D-25(B) states that punitive damages in North Carolina are not to exceed three times the amount of compensatory damages or $250,000.00, whichever is greater. However, N.C.G.S § 1D-26 states that the cap shall not apply to a claim for punitive damages from injury or harm arising from a defendant’s operation of a motor vehicle if the actions of the defendant in operating the motor vehicle would give rise to an offense of driving while impaired under N.C.G.S § 20-138.1, 20-138.2, or 20-138.5.

Many people know about obtaining punitive damages from bodily injuries sustained in a motor vehicle accident, but what about property damage? Many people, including adjusters, have never heard of being able to pursue punitive damages for damage to a vehicle. N.C.G.S. § 1D-5 defines “claimant” to include “…a party…seeking recovery of punitive damages. In a claim for relief…related to…damage to the property of another person…”  This definition would include damages to an automobile after a motor vehicle crash.  As such, if you can prove to the adjuster that the responsible driver was intoxicated at the time your car was damaged, you can settle above the fair market value of your car or even above the costs to repair your vehicle. This can be extremely helpful in cases where the responsible driver’s insurance is not enough to compensate you fairly for your injuries.

If you are involved in a motor vehicle accident and the person responsible for the crash was suspected of being under the influence of alcohol, gathering facts and evidence is crucial.  An attorney can assist in proving that the responsible person was intoxicated at the time of the crash.  One way of doing that is to gather the eventual conviction of DWI from the local clerk of court. In addition, attending the proceeding to make sure your voice is heard and that the responsible party is held criminally responsible can be key in proving your claim for punitive damages.