Can I sue for reasons other than injury?

by jms75 » Fri Apr 04, 2008 04:57 am
Posts: 4
Joined: 04 Apr 2008

Can I sue the at fault driver's insurance or my own, for cost recovery, unplanned expenses(prescriptions), stress, time inconvenience, etc. --even though I was not seriously injured? She ran a red light and hit me. Her insurance company is taking liability. (I believe it will be considered a total loss because of the value of my car versus the damage) The amount that I owe is right at the amount that it books for. I have gap coverage, but that is going to leave me with nothing. Can I at least get an amount that will put me back to status quo, perhaps enough for a down payment for another vehicle?

Total Comments: 13

Posted: Wed Apr 23, 2008 07:13 am Post Subject:

OR....the 'AMOUNT' of stress..how do you determine that?


Well, I don't think theres any reason why a carrier would count upon 'stress' as an element of the claim (unless its medically been certified to have caused a delay or have an effect on the claimant's life). But yeah, the process that leads to a claim would naturally involve all those constraints that gave rise to a loss (thus leaving no leaf unturned in terms of even the smallest of negligences). So, no need to worry I guess :)

Posted: Wed Apr 23, 2008 11:44 am Post Subject:

In a situation like this, don't you have to PROVE there was 'stress' (etc.)

yes, and everything has stress associated with it...todays world is a stress pool that probably ultimately kills us all...most cases will not be awarded anything or any additional monies for stress...unless there are special circumstances, (ie wages lost, causing financial stress...injury of a child, ..tramatic injuries etc...) I don't personally see it in this claim.

Posted: Wed Apr 23, 2008 11:16 pm Post Subject:

That what I was thinking myself. I agree with stress being apart of everyone's everyday life.

Add your comment

Image CAPTCHA
Enter the characters shown in the image.