Legal Question in Personal Injury in Iowa

emotional distress/rental car

My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled?

I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.


Asked on 6/04/09, 6:14 pm

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Re: emotional distress/rental car

Whoa! You�re asking too many questions at once. First you can�t get emotional distress damages for the destruction of property; a car. You weren�t in it and didn�t suffer emotional distress or physical injury as a result.

Figure out the value of the car using Internet sources like Edmunds.com or NADA.com. They figure out how much you want and tell them so. You could add in wage loss if you actually lost wages due to not having transportation to work. The cars market value on the day just before being totaled is the value. If you can�t agree sue in small claims court.

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Answered on 6/08/09, 2:02 pm


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