I see. Thank you for clarifying that, Jill.
Punitive damages are normally not recoverable in a personal injury suit, which appears to be what you wish to recover--damages to punish the driver for being a repeat offender. Instead, she should typically be prosecuted criminally if she is a repeat offender and punished by incarceration.
Having said that, you would typically have the right to sue the driver for your medical expenses, plus any lost wages, and pain and suffering. In the industry, the amount of damages for pain and suffering can vary significantly, but a rule of thumb is using the medical expense and lost wages multiplied by a factor of 2 or 3. If you each had approximately $5,000 in medical expenses and lost wages, this would amount to around $20,000 which could be recovered for both of you if multiplying the actual damages by 2. This would typically represent a reasonable demand in your case for which you could seek to recover from the insurer.
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