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12-03-2003, 07:23 PM
| | | | Determining Pain & Suffering
What is the name of your state? Massachusetts
My son's car was recently totalled. Police reports confirmed that the other driver was at fault. My insurance company has been pretty good so far. They said that they would pay medical bills up to $2000 (MA law) but that we would need to sue the other guy for 'pain & suffering' to collect damages. He was not seriously injured, just bruised & scared.
However, my sons car was LOADED with customizations and upgrades (nearly $8000 worth) like custom body work, custom upholstery & engine upgrades. We would like to try and recoupe as much of this as possible so that he can afford to buy a new car.
Our insurance rep. says that anything they could give us would be depreciated & prorated-and wouldn't be much. He is not old enough to rent a car so we have been jumping through 'hoops' to get him to 2 part-time jobs & college, while being on time for our jobs. It hasn't been easy!
How difficult do you think this will be? We have 90% of the receipts for the parts & labor. |
12-03-2003, 08:32 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,507
| | | If you have proof of the upgrades and that they were in fact upgrades (and not just 'cosmetic fancies', such as windscoops, etc.), then the insurance company should provide at least some compensation for them. For example, I had a client who had just had their engine rebuilt prior to a total out and we were able to get the cost of the rebuild added to the offered value.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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12-03-2003, 08:49 PM
| | | | Yes, the insurance said that they could probably give us 'something' towards the custom parts & upgrades but it would be prorated & depreciated. In other words, it won't be much!
So, our only other option to recoupe our loss would be to go after the guy who hit him & sue for 'pain & suffering' or something. So, my question really is: how would you determine what to sue for or how much? Are there any guidelines? |
12-03-2003, 09:20 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,507
| | | "how would you determine what to sue for or how much? Are there any guidelines?"
*** No, there are no 'guidelines' to determine if his claim of 'pain and suffering' will work or for how much (if it does).
He is certainly free to talk with a personal injury and property damage attorney in your area who can best view the facts and advise what options, if any, that he has.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).
Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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