[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.wardblacklaw.com\/blog\/is-it-really-possible-to-get-more-than-my-car-is-worth-after-an-accident\/#BlogPosting","mainEntityOfPage":"https:\/\/www.wardblacklaw.com\/blog\/is-it-really-possible-to-get-more-than-my-car-is-worth-after-an-accident\/","headline":"Is It Really Possible to Get More Than My Car Is Worth After an Accident?","name":"Is It Really Possible to Get More Than My Car Is Worth After an Accident?","description":"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.\u00a0 Willful or wanton conduct is defined as \u201cthe conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant […]","datePublished":"2022-04-12","dateModified":"2023-02-14","author":{"@type":"Person","@id":"https:\/\/www.wardblacklaw.com\/blog\/author\/kelseyhecker\/#Person","name":"Kelsey Hecker","url":"https:\/\/www.wardblacklaw.com\/blog\/author\/kelseyhecker\/","identifier":15,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/c63807b0daa86af6e09e3f462917c191cf025d381f5a57b5df336f2964d26727?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/c63807b0daa86af6e09e3f462917c191cf025d381f5a57b5df336f2964d26727?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Ward Black Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.wardblacklaw.com\/wp-content\/uploads\/2022\/04\/logo.png","url":"https:\/\/www.wardblacklaw.com\/wp-content\/uploads\/2022\/04\/logo.png","width":116,"height":119}},"image":{"@type":"ImageObject","@id":"https:\/\/www.wardblacklaw.com\/wp-content\/uploads\/2022\/04\/Totaled-vehicles-scaled-1.jpg","url":"https:\/\/www.wardblacklaw.com\/wp-content\/uploads\/2022\/04\/Totaled-vehicles-scaled-1.jpg","height":1702,"width":2560},"url":"https:\/\/www.wardblacklaw.com\/blog\/is-it-really-possible-to-get-more-than-my-car-is-worth-after-an-accident\/","about":["Auto Accidents","Personal Injury & Death"],"wordCount":408,"articleBody":"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.\u00a0 Willful or wanton conduct is defined as \u201cthe 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.\u201dN.C.G.S \u00a7 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 \u00a7 1D-26 states that the cap shall not apply to a claim for punitive damages from injury or harm arising from a defendant\u2019s 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 \u00a7 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. \u00a7 1D-5 defines \u201cclaimant\u201d to include \u201c\u2026a party\u2026seeking recovery of punitive damages. In a claim for relief\u2026related to\u2026damage to the property of another person\u2026\u201d\u00a0 This definition would include damages to an automobile after a motor vehicle crash.\u00a0 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\u2019s 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.\u00a0 An attorney can assist in proving that the responsible person was intoxicated at the time of the crash.\u00a0 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."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.wardblacklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is It Really Possible to Get More Than My Car Is Worth After an Accident?","item":"https:\/\/www.wardblacklaw.com\/blog\/is-it-really-possible-to-get-more-than-my-car-is-worth-after-an-accident\/#breadcrumbitem"}]}]