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QuestionInsurance Question  I was hit by a drunk driver who didn't have insurance. The claim is being paid under my uninsured motorist coverage, but it will not pay punitive damages. Is there any way to get these damages paid without going to court? Also, is pain and suffering considered punitive damages?

AnswerAuto Insurance Answer

It will depend upon state laws and the terms of your uninsured motorist policy if pain and suffering will be part of your settlement from this claim due to the accident with the uninsured driver. A typical UMBI policy will cover your out of pocket medical expenses as well as pain and suffering up to the limit of your policy.  In some instances though, pain and suffering is only compensated if there is a permanent injury.

Punitive damages would likely have to be received by going to court since by the usual definition they are court awarded. Punitive damages are normally a monetary amount awarded to an injured person in order to punish the person who hurt them by doing a negligent or malicious act.

From this information it would appear that you would need to find out from a lawyer what your options would be concerning getting punitive damages awarded to you, and thus against the at-fault drunk driver.

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