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Pain and Suffering from my insurance company?

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F

foofght

Junior Member
What is the name of your state? CA

While on our way to vacation/conference, our car was totaled and my wife was ambulanced to the hospital. Few hours later, she was released after suffering bruises, abrasions, and a laceration. We continued on to our vacation with a rental car and arrived having missed the first afternoon and evening session.

The other driver was 100% at fault, but uninsured, and we feel this is eligible (by our definition) of pain and suffering. Questions:

1. Can you seek pain and suffering compensation from your own insurance (we're covered via uninsured motorist)?

2. What is a reasonable amount? Ambulance + hospital bills = $1600-2000 (mostly paid by health insurance).
 


A

alnorth

Member
foofght said:
What is the name of your state? CA

While on our way to vacation/conference, our car was totaled and my wife was ambulanced to the hospital. Few hours later, she was released after suffering bruises, abrasions, and a laceration. We continued on to our vacation with a rental car and arrived having missed the first afternoon and evening session.

The other driver was 100% at fault, but uninsured, and we feel this is eligible (by our definition) of pain and suffering. Questions:

1. Can you seek pain and suffering compensation from your own insurance (we're covered via uninsured motorist)?

2. What is a reasonable amount? Ambulance + hospital bills = $1600-2000 (mostly paid by health insurance).
Click to expand...
1) If they are uninsured, I believe so. Your insurance company will then subrogate against the other driver to try to get their money back.

2) Pain and suffering usually involves weeks or months of pain, agony, treatment, discomfort, medication, etc. Even a small token P&S claim usually requires more than what you described. For a few hours, a cut, and a few bruises, I would not expect a dime for pain and suffering. It doesnt hurt to ask though. You never know, maybe they will throw in a couple hundred dollars.
 
Last edited:
E

ecmst12

Senior Member
One ER visit and an ambulance ride? Very very little. If she didn't require any follow up treatment, she must not have suffered very much.
 
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