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In which US states can a car insurance company be sued for PUNITIVE damages if they refuse to pay on a claim?
In most states, the car insurance company can be sued only for the cost of the repair (of a car involved in a car accident) where they refused to pay on a claim. Thanks for your help. I am in California so I am most interested in this question as it pertains to Calif. I am in California so I am most interested in this question as it pertains to Calif.
Public Comments
- I think to be awarded punitive damages you'd have to sue the manufacturer, and prove that they knew their product was unsafe.
- CHECK WITH THE BOARD OF INSURANCE WHICH IS ON LINE AND THIS WAY YOU WILL BE ABLE TO SEE FIRST HAND ALL INSURANCE COMPANIES INCLUDING THEIR RATINGS AS WELL AS HOW THEY PAY AND TREAT CONSUMERS AND MAYBE BE ABLE TO ASSIST YOU.
- Just a note... your asking or a list? I'm not the person who is going to look at all 50 states to review all the laws that could apply. I will say that it _would_ have to be a state that allows Direct Action if it's a liability (3rd party claim). Even then, punitive damages are almost never possible. Your complaint is against the owner/operator of the vehicle that caused the damage so the carrier is shielded from punitive damages. Otherwise, if it was a 1st party claim (your carrier), you'd be able to file a Bad Faith claim. I'm not an atorney but I don't know that I've ever even heard of a person collecting punitive damages on a property damage claim. It's would be almost impossible to obtain a favorable judgement and it would be extreemly expensive to pursue. So I doubt any attorney would take the case unless you were going to pay him/her by the hour.
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