Can I recover punitive damages in an automobile accident?

In Maine, punitive damages are available to those who are injured in an automobile accident due to the negligence of another party. The purpose of punitive damages is to punish the at-fault party for their actions and serve as a deterrent for similar reckless or negligent behavior in the future. To be awarded punitive damages, the court must find that the at-fault party acted willfully or with recklessness, and there must be an award of compensatory damages—damages to cover medical expenses, lost income, and other economic costs—in addition to punitive damages. Punitive damages may be available in cases of gross negligence, reckless behavior, or intentional conduct. Examples of these include driving while intoxicated, or operating a motor vehicle in a manner that is clearly dangerous to other drivers. If the accident resulted from the at-fault party’s actions, then punitive damages may be awarded. In the state of Maine, punitive damages are limited to three times the amount of compensatory damages or $500,000, whichever is less. It is important to note that punitive damages are not always awarded in automobile accidents, as there must be a finding of willful or reckless conduct on the part of the at-fault party. It is also important to note that punitive damages are not typically covered by automobile insurance policies.

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