Suit against wrecker service

What is the name of your state? TX

Set Up:
I was inside my house when a wrecker putting a car on the flat bed screwed up and the car rolled off the flat bed and into my car.

Initial Discussion:
The driver called the owner of the wrecker service. She said that if we kept the police out of it, she'd have the car repaired ASAP at her body shop - and would ever repair some additional dents around the car. I agreed. (In Austin, Texas, police won't investigate a non-injury accident - only falilitate exchange of insurances)

Follow Up:
Car was taken to the body shop, but wrecker service refused to follow through with our verbal agreement, claiming they'd only pay for the damage they caused. Wrecker service then got their insurance company involved a week later. They would not return any of my calls, and they took weeks to return the calls of the insurance company attempting to investigate their side. All of this time, I am out a car.

To Date:
My car is still at the body shop, awaiting investigation from insurance company - which the wrecker service is holding up by not calling back the insurance company. Again, I am still out a car - and they won't pay for a rental (until the claim is complete).

Questions:
1. Can I sue for breach of verbal contract - assuming it's just my word against theirs?
2. Can I sue for pain and suffering caused by the absence of my car?
3. Can I sue for pain and suffering based upon the wrecker services obvious attempt to screw me by holding up the investigation?
4. What is the max amount I can sue for?

Pain & suffering ? NO

Is the car drivable ? that would determine IF you were entitled to the cost of a rental, or not, and what amount of time is reasonable.

"Can I sue for breach of verbal contract - assuming it's just my word against theirs"
*** Of course you can sue. After all, anyone can sue almost anyone else over almost anything. However, you will lose this one both because you have no proof of the verbal agreement and they have no obligation to fix anything other than their damage.

"Can I sue for pain and suffering caused by the absence of my car?"
*** How has the loss of the car presented 'pain and suffering'?? Of course, you can't.

"Can I sue for pain and suffering based upon the wrecker services obvious attempt to screw me by holding up the investigation?"
*** Again, nope. And even if you could, you have NO pain nor are you 'suffering'.

"What is the max amount I can sue for?"
*** Four million dollars. But as noted above, you have no case, so no 'Lotto win'.

No suffering???

I have no car because of them. Just the simple act of getting to work is highly stressful. If my friends cannot pick me up, then it's a taxi.

Ever had a boss that watched the clock like a hawk? If I cannot get to work on time, I lose my job - that's added stress that I didn't have before they wrecked my car.

What about malicious intent? They are dragging this out on purpose.

Also, I wasn't aware that one can sue for $4M in small claims court. Again, what is the max in small claims court, i.e. the court focused on in this section of the forum.

"No suffering???

I have no car because of them. Just the simple act of getting to work is highly stressful. If my friends cannot pick me up, then it's a taxi."
*** That is NOT suffering!! Have you had to read some of the posts on this forum??? Now, THAT is suffering!!

"Ever had a boss that watched the clock like a hawk? If I cannot get to work on time, I lose my job - that's added stress that I didn't have before they wrecked my car."
*** Nope. I am my own boss. And 'stress' is not compensable. Hell, if it were, the courts would be even more FULL of litigants!!

"What about malicious intent? They are dragging this out on purpose."
*** Oh, then I guess you can prove that in court, huh??

"Also, I wasn't aware that one can sue for $4M in small claims court. Again, what is the max in small claims court, i.e. the court focused on in this section of the forum."
*** But you never said anything about LIMITING your actions to the small claims court, did you???
So, please let me rephrase my answer.

You can sue them for $4.5 million (raised due to the 'stress') unless you decide to keep this in small claims, in which case your limit is $5000.
So, you pick the court.

What exactly then encompasses "pain and suffering"?

Proving something doesn't matter - it's what you can make a jufy believe. Does it make much sense that a business would not answer the phone? Doesn't seem like a wild leap in logic to see that that type of activity is on purpose. Back to the original question - assuming I can convince the jury that this activity is being done on purpose, does it legally constitute damages?

And sorry, I assumed everyone understood that since this was in the Small Claims section, it was implied I was discussing small claims actions.

pain and suffering
n. the physical and mental distress suffered from an injury, including actual broken bones and internal ruptures, but also the aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression and embarrassment from scarring, all of which are part of the "general damages" recoverable by someone injured by another's negligence or intentional attack. The dollar value of damages for pain and suffering is subjective, as distinguished from medical bills, future medical costs and lost wages which can be calculated, called "special damages."

Resolved

Wanted to give everyone an update on this one as well.

This situation has been resolved.

I contacted the wrecker service and told them that I had filed a suit against them for $5000 in small claims court. The amount for repairs to my BMW (about $1, 950) and the remainder was for malicious activity. I also kindly reminded them that most people don't like wrecker services and that it would be easy to emotionally sway a jury - becuase they would want their chance to get back at a wrecker service as well.

Three days after I filed, the wrecker service called and wanted to make a deal. They cut me a check for half ($2,500) and I dropped the suit.

Key learnings from this case:
1. I know I wouldn't have a good claim for the malicious activity, but went for it anyway - knowing that most people have been towed and hate wrecker services.
2. It is much easier to settle out of court than to tie up the system and be greedy.