Charleston, WV asked in Car Accidents for West Virginia

Q: I want to sue for punitive damages for a car accident do I just go to my local court and file a law suite.

Do I fIle that against the insurance company and the insurer.

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If you are suing for damages for injury you only get punitive damages if defendant was dui. The fact his company act like jerks is not on them. However it's possible under some situations you may have an unfair insurance claims handling case. These are very technical. Get a free consult from a member of the WVaTrial Lawyers Assn. that handles insurance bad faith.

D. Michael Burke Esq agrees with this answer

D. Michael Burke Esq
D. Michael Burke Esq
Answered
  • Personal Injury Lawyer
  • Martinsburg, WV

A: In West Virginia, you must sue the owner of the car and the driver, if the driver is not the owner. You cannot sue the owner's or driver's insurance company. Their insurance company will hire an attorney to represent them.

I think that you mean "compensatory damages," not punitive damages (unless the driver was drunk or meant to cause the accident). You can sue for medical bills, lost income, physical pain and suffering, mental anguish, loss of the capacity to enjoy life, permanent injuries, inconvenience, and aggravation.

I suggest that you at least speak with an attorney who handles thid type of case. If you choose, you can go to magistrate court and represent yourself. The magistrate court will have forms you can fill out.

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