Legal Question in Personal Injury in California

Auto Accident

My car was hit by a truck at an intersection. The truck was at fault 100%, because he ran a red light. My car is totaled (they are in process of determining how much it is worth). Though the car was running perfectly, I am not anticipating much money for it, because it was old and had over 200,000 miles. I had pain and stiffness on my body from my car spinning around on the road, however, I only visited my doctor once, and it seems unlikely that I will have any long term/permanent injury.

My "physical pain" was not as severe as my "emotional pain" or "financial burden" and inconvenience this caused. Do emotional pain and financial suffering (having to buy a new car) etc. entitle me to compensation? How do insurance companies determine what the reasonable compensation? I feel $2,500 or so is reasonable compensation for the pain and suffering and my time.


Asked on 3/09/00, 4:18 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: Auto Accident

It seems a reasonable request that you are making. However, insurance companies usually don't care about reasonable only their bottom line. Explain to them your situation. If you car was totaled than they should be happy that you weren't seriously injured. Tell them the truth that you are in pain but don't feel that a doctor could help. See what they offer. You should document the time that you are spending and keep track of all time lost from work. If you have any problems or have questions please feel free to contact my office by email or toll free at 877-546-9918. I would be happy to answer any questions you might have.

Sincerely,

John Hayes, J.D.

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Answered on 3/24/00, 12:59 am


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