One opportunity for recovery people often don’t realize occurs when there is a DUI accident with property damage and little or no personal injury claim. In Georgia, a DUI accident can give rise to a claim for punitive damages. Punitive damages are recoverable where it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. Georgia Courts have routinely held that driving under the influence of drugs or alcohol meets this burden and gives rise to a claim for punitive damages.
Furthermore, an award of punitive damages is authorized when the aggravated conduct involves only property rights. There are three potential limitations to this application.
· First, some insurance policies have punitive damages exclusions.
· Also, uninsured or underinsured policies do not cover punitive damages.
· Furthermore, if you only have property damage with no personal injury claim, the applicable insurance
of the at fault party is limited to the property damage coverage.
Even with these potential limitations, it is always wise to explore the potential for additional recovery. The purpose of punitive damages is to deter bad conduct and thus make our roads safer for everybody. This only happens when the rule is enforced.