Road Rage - How to handle

[SusanB]

What is the name of your state? FL

I am not sure if I am posting this in the right place so I apoligize if it is not.
Today my 19 year old 4'11" daughter was a victim of road rage. A very huge, much older (60ish) biker got off of his bike at a light and went for her. Banged on her window and kept hitting her side view mirror until he completely knocked it off, all while yelling threatening obscenities. She was scared to death to say the least. She does not know what she did to make him mad but when she did see him she tried to let him pass her (which was seen by the witness).

Luckily there was a cop (our witness) who was on his way to work (in his personal car) stopped right in front of her. The cop saw everything and jumped out of his car, pulled weapon on him and handcuffed him. The biker had at least three knives on him.

My question is, other than trying to get his insurance to pay for the replacement of her mirror, would she have a strong case for filing a lawsuit for the emotional distress this has caused. He assaulted her vehicle but would have been her had it not been for her closed windows and locked doors.

I really appreciate any and all responses, as we have no experience with this sort of thing.
Thank you.What is the name of your state?

 

[Ozark_Sophist]

I don't believe his insurance would pay for something like that (not caused be a vehicle) unless he had the "I'm an idiot and I need to insure my stupidity" insurance. It is criminal damage which you could get through a restitution order or small claims.

For your daughter, I suggest a self defense class including defensive driving to help her address the emotional component of being a victim.

 

[home*sweet*home]

I think I'd be happy he was in custody and not swing a red flag in front of a bull! Let the law - who was there, saw it, arrested and charged him - handle it. You just do what they tell you and stay out of his way.

 

[PrinceCharming]

The insurance will pay for most or all damages on the car. This may include mirrors, dents, scratches, etc. You have to call your insurance company. They would know which insurance company (yours or the idiot's) will pay for your vehicle damages.

As far as the Personal Injury issue (your daughter's emotional distress) I didnt think you were expecting the insurance company to pay for that. I dont think it would be covered, but there is only one way to find out... ask them.

Usually, insurance companies pay for all medical bills, this may include if your daughter was seeing a psycologist.

If you wanted to sue the motorist himself, I dont think he has any money so it would be a waste of time.