Can I claim for aggravated damages if the insurance company representing the negligent driver who caused the car crash I was involved in accused me of conspiring with a defence witness?
Although it is quite unusual, and claims for this type of damages are not always successful, the answer to your question “can I claim for aggravated damages?” is yes, you can; provided it can be proven that exceptional harm has been done to you by a tort action.
The fact that you ask “can I claim for aggravated damages?” suggests that you have been deeply affected by the insurance company’s accusations. Aggravated damages are awarded as additional compensation in a personal injury claim where there has been impalpable injury to the interests of the plaintiff’s character, and where the injury has been caused by the conduct of the defendant or their legal representative.
To further understand the answer to “can I claim for aggravated damages?” take this example; an insurance company was recently ordered to pay aggravated damages in a personal injury claim for compensation after they failed to pursue allegations of collusion against the plaintiff.
The negligent party in the case had sworn an affidavit regarding the events that occurred at the time of the accident. However, the judge presiding over the case acknowledged that the allegation had not been pursued at the hearing and ordered that the negligent party’s insurance company pay aggravated damages of 3,000 Euro on top of the personal injury compensation award of 7,750 Euro.
Your solicitor would be able to answer “can I claim for aggravated damages?” once he or she can assess the circumstances surrounding your individual case.