Gross Negligence, Punitive Damages, & Uninsured Motorist Insurance

May a claimant recover punitive damages under his or her automotive Uninsured Motorist policy?

Hello, and thank you for your question.  Please note that I am a licensed, Texas attorney, and that you are advised to seek the opinion of local counsel in all legal matters.  The purpose of punitive damages is to punish the wrongdoer and deter people from committing that same wrong.  When an automobile accident is caused by gross negligence, the injured persons may recover these punitive, or “exemplary,” damages over and above damages for medical expenses, lost wages, pain and suffering, mental anguish, etc.

Gross negligence in Texas is defined as an act or omission, which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.  A common example of an act that, if a causative factor of an automobile accident, would constitute gross negligence is driving while intoxicated.

Whether punitive damages may be recovered from an Uninsured Motorist policy will depend on the laws of the particular state in which the action accrues.  Only a tiny fraction of states in the Union allow for such recovery.  Texas follows the majority of states by not allowing the recovery of punitive damages under an Uninsured Motorist policy.  The rationale given by the courts is that since punitive damages are designed to punish and deter the wrongdoer, it would be unfair to hold the injured person’s own insurance company responsible for the punitive damages caused by a third party (the uninsured, grossly negligent motorist).  If you find yourself injured by an uninsured motorist, do not delay – contact a licensed Texas personal injury attorney now for a free consultation.