Legal Question in Traffic Law in Texas
Punitive Damages Sought in Traffic Accident
I was involved in a traffic accident where I hit the back of the car in front of me. They jumped out saying they would sue me. My insurance company notified me the person has sued for punitive damages. Can they cause me to lose my home or other assets?
1 Answer from Attorneys
Re: Punitive Damages Sought in Traffic Accident
In any circumstance, where damages are awarded by a jury, if those damages exceed the amount of your insurance coverage, the Plaintiff can pursue you and your assets for the excess amount. The Plaintiff would also pursue you personally regarding the award of any punitive damages since punitive damages are generally excluded from insurance policies. However, you should consult the attorney hired by the insurance company to represent you as to the specific risks, etc. regarding your particular case.
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