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Does a person physically impaired by a motorcycle accident only have to except what the other persons insurance will pay and can we sue punitive damages?
Wiki User
∙ 13y ago
Punitive damages can be awarded against a defendant for a violation of your civil or legal rights, your liberties, if they somehow sought to deny you due legal process in law or you could prove that the accident was an intentional or reckless act.
If the At Fault party caused the accident intentionally, violated your rights in some way or violated the law in the insurance settlement process then you may have grounds to seek punitive damages.
If the at fault party were simply at fault in an accident that was not intentional and without substantive violation of your rights, liberties or legal process then you would have no grounds under which to seek "punishment" or punitive damages against them. They would only be liable for actual damages. A punitive award would not be justified.
Sometimes an accident is just an accident. You could sue but unless you could prove some reckless disregard or intentional cause such as road rage then it is not likely you could win a punitive award.
Good Luck and Happy Motoring
Wiki User
∙ 13y ago
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