There can be caps on damages in a car crash, though it does depend on the state, where the crash occurred, and the damages being sought. Specifically in California, there are no caps on damages, economic or non-economic.
- Economic: no caps which means that you can recover the full amount of damage, medical bills, etc.
- Non-Economic: non-economic damages refers to mental damage or intangible damage that happened due to the crash. There are no caps except for:
- Uninsured drivers: California has a “No Pay, No Play” law which prevents non-economic damages, even when the other driver is at fault.
- Medical malpractice: crashes caused from a doctor’s negligence, the caps on damage are $350,000, but fluctuates with inflation. This is because of California’s MICRA law.
- Punitive damages: punitive damages refers to lawsuits intended to punish the defendant for malicious, reckless, or misconduct, in this case, while driving. There are no specific caps, however, it must be reasonable and equal the defendant’s misconduct.
