One of the more strangely ironic stories surfaced in Houston in June 2019. Philip Azar, a personal injury attorney, was accused of intentionally causing a car accident. Azar’s future will be decided in a court of law, but this case brought up interesting questions of how the intent of the driver can factor into a personal injury case, and what implications that has for the plaintiff.
A standard personal injury case is straightforward. If another vehicle causes damage to you or your car, you sue the driver (and, by extension, their insurance company). If you prove they were at fault for the accident, they have to pay the necessary damages to make good on your medical bills, car repairs and any lost wages.
But that presumes that an accident is really an accident. What if you up the ante and decide to also prove that it was done intentionally? Now the possibility of punitive damages exists.
The purpose of additional punitive damages is, as the name implies, to punish the driver for what they did over and above the actual cost of the accident. Punitive damages also serve as a warning to the rest of society about the consequences of this behavior.
Thus, it would seem worthwhile to try and prove an accident was intentional if you believe you have a case. But not so fast. Most car insurance policies only cover damages for genuine accidents. If you prove that the driver who hit you did it deliberately, the insurance company can get off the hook and out of paying anything.
Of course, you can win your case and still win punitive damages. But now the driver is your only recourse for payment. If they don’t have the assets to pay you, then your victory will be empty.
The end result leaves the legal system in a difficult position. Lawyers generally advise against seeking punitive damages for this very reason. That, in turn, mitigates the deterrent effect that punitive damages are supposed to have.
Putting insurance companies on the hook would mean higher premiums for everyone. There does not appear to be a good solution to a situation where a driver intentionally causes a car accident.