Court: Apportionment of Punitive Damages Not Required in Drunk Driving Case

An underinsured motorist (UIM) carrier has been deemed responsible to render policy limits for punitive damages an at-fault driver is unable to pay, even when those limits pertained to “property damage” losses plaintiff didn’t suffer.  The case is indicative of why you need a highly experienced Florida car accident attorney to help handle drunk driving and/ or wrongful death accident claims. The reality is, you are likely to have valid claims against numerous insurance companies and making certain you have received payment on all policies rightly owed is imperative. Further, drunk driving accident claims are among the only type of car accident case in Florida wherein one might expect to obtain punitive damages, as outlined in F.S. 768.82. Such damages are allowable in cases where there is clear and convincing evidence a defendant is guilty of intentional misconduct or gross negligence. They are intended to punish the defendant rather than “make…

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