Exemplary or punitive damages are compensation requested by the plaintiff in a car accident claim when it is believed the defendant's actions were violent, malicious or grossly reckless. Exemplary damages may be given if the court believes that the defendant needs to be punished for their actions. Some of the actions which a court may consider grossly negligent can include: intoxication, excessive speed, violation of traffic safety laws, driver incompetence and driving a vehicle which is in poor condition.