Maybe. The law allows punitive damages in rare circumstances. If you can prove that a person has acted with deliberate disregard for the rights or safety of others, then you may be able to ask for punitive damages. The most common circumstance under which punitive damages are available is when the crash is caused by a drunk driver. The legislature has made punitive damages available as part of the punishment for drunk drivers.
However, even if the law allows you to ask for punitive damages, it is difficult to collect them. Generally, an insurance policy will not cover punitive damages. The policy may specifically exclude punitive damages or anything that arises out of an intentional act. It may be possible to collect punitive damages from an insurance carrier if they have acted in bad faith in settling the case. This is definitely a time that you need the help of a skilled lawyer to get the case settled.
