Borrowed Car, Accident, Not-At-Fault, Sue

[blufiresag]

Hello.

I was in an accident while driving my friends vehicle. His vehicle was/is insured (not full coverage/2006 year). Airbags deployed/Car totaled. Other driver at fault and cited. This was my children's first traumatic experience that they'll never forget. Other than my finger being burned by airbag and a few days of chest tightness there was no long term injury. My friend does not want to file a claim as he has 2 other vehicles and fears his insurance will be going up or being canceled. The faulty drivers insurance has been notified and liability has been accepted. Is there any way that I can sue the faulty drivers insurance personally for the traumatic experience caused to myself and my children?

Thanks in advance.

 

[Just Blue]

Hello.

I was in an accident while driving my friends vehicle. His vehicle was/is insured (not full coverage/2006 year). Airbags deployed/Car totaled. Other driver at fault and cited. This was my children's first traumatic experience that they'll never forget. Other than my finger being burned by airbag and a few days of chest tightness there was no long term injury. My friend does not want to file a claim as he has 2 other vehicles and fears his insurance will be going up or being canceled. The faulty drivers insurance has been notified and liability has been accepted. Is there any way that I can sue the faulty drivers insurance personally for the traumatic experience caused to myself and my children?

Thanks in advance.

What state? Are you and your children seeing a psychologist for the emotional trauma? How old are the children?

 

[blufiresag]

Georgia. I initially hired an injury lawyer. I then chose to decline their services because outside of the hand burn and chest tightness, we didn't break anything, so no, no psychiatrist. Daughter is 15 and son, 21. The accident was a week ago.

 

[Ohiogal]

Georgia. I initially hired an injury lawyer. I then chose to decline their services because outside of the hand burn and chest tightness, we didn't break anything, so no, no psychiatrist. Daughter is 15 and son, 21. The accident was a week ago.

Your son would have to pursue a lawsuit on his own as he is an adult. And without a psychiatrist there is no proof of trauma. Breaking something has nothing to do with a psychiatrist. And you hired and fired someone within a week? Calling BS.

 

[blufiresag]

Not 'bs'. This has caused a hardship on my children and I. All 3 of us work, and my children attend school fulltime too. I released the services because again, and fortunately there was no hard injuries. The lawyer was setting us up with doctors but I can't afford to run around seeing doctors when I need to work. It's that simple. Ubering here and there and everywhere, when all 3 of us have to uber to get to work now. It's costly. This drivers stupid ass decision has been a great inconvenience and the accident was traumatic, especially for my children who have NEVER been through something like that.

 

[adjusterjack]

My friend does not want to file a claim as he has 2 other vehicles and fears his insurance will be going up or being canceled.

You're friend can recover the value of his car from the at-fault driver's insurance without having any effect on his own insurance.

Is there any way that I can sue the faulty drivers insurance

No.

If you sue, you sue the driver. His insurance will defend him or pay, as appropriate.

This drivers stupid ass decision has been a great inconvenience and the accident was traumatic, especially for my children who have NEVER been through something like that.

You had a minor injury without any medical treatment. Your claim may get you a few hundred dollars. You might even be entitled to the Uber costs until you get a replacement vehicle for a reasonable amount of time.

Your children were uninjured. Traumatic experience means no money unless they are under long term psychiatric treatment and medication.

You have not won the personal injury lottery.

Continue your discussions with the claim rep of the other driver's insurance company. You are each likely to get a small amount of money just to get your signature's on a release form.

 

[blufiresag]

You're friend can recover the value of his car from the at-fault driver's insurance without having any effect on his own insurance.



No.

If you sue, you sue the driver. His insurance will defend him or pay, as appropriate.



You had a minor injury without any medical treatment. Your claim may get you a few hundred dollars. You might even be entitled to the Uber costs until you get a replacement vehicle for a reasonable amount of time.

Your children were uninjured. Traumatic experience means no money unless they are under long term psychiatric treatment and medication.

You have not won the personal injury lottery.

Continue your discussions with the claim rep of the other driver's insurance company. You are each likely to get a small amount of money just to get your signature's on a release form.

Thank you SO MUCH for taking the time to ACTUALLY ANSWER my questions. I appreciate you.

 

[Ohiogal]

Not 'bs'. This has caused a hardship on my children and I. All 3 of us work, and my children attend school fulltime too. I released the services because again, and fortunately there was no hard injuries. The lawyer was setting us up with doctors but I can't afford to run around seeing doctors when I need to work. It's that simple. Ubering here and there and everywhere, when all 3 of us have to uber to get to work now. It's costly. This drivers stupid ass decision has been a great inconvenience and the accident was traumatic, especially for my children who have NEVER been through something like that.

Then you have no injuries. And you cannot pursue upon behalf of your adult son. So the fact that you claim trauma is LEGALLY BS.

 

[blufiresag]

Then you have no injuries. And you cannot pursue upon behalf of your adult son. So the fact that you claim trauma is LEGALLY BS.

You sound angry and stressed; unsure why. Take care and learn to keep your USELESS feedback to yourself. Being useless in this life won't get you anywhere.

 

[stealth2]

So - no one was seriously injured, and your children were not at all injured. They're not receiving counseling. What is this extreme trauma?

 

[Just Blue]

You sound angry and stressed; unsure why. Take care and learn to keep your USELESS feedback to yourself. Being useless in this life won't get you anywhere.

sigh...you are so rude.

OhioGAL, a site vetted attorney, is correct.

You are claiming that your children, one of whom is an adult, are suffering "extreme trauma" from this accident. If they are so traumatized, why are they not getting psychological help? Without medical documentation they are not going to get anything from the insurance company. That is a fact.

Also a fact: Your 21 year old child, as an adult, would have to file his own suit.

 

[blufiresag]

So - no one was seriously injured, and your children were not at all injured. They're not receiving counseling. What is this extreme trauma?

The definition of trauma is a deeply distressing or disturbing experience. Is experiencing a car crash NOT a deeply distressing experience? This experience had my 15 year old screaming and trembling. Whether trauma lasts a week, months, years or decades....it's still trauma. Who are we to decide how much trauma one holds?

 

[blufiresag]

sigh...you are so rude.

OhioGAL, a site vetted attorney, is correct.

You are claiming that your children, one of whom is an adult, are suffering "extreme trauma" from this accident. If they are so traumatized, why are they not getting psychological help? Without medical documentation they are not going to get anything from the insurance company. That is a fact.

Also a fact: Your 21 year old child, as an adult, would have to file his own suit.

So, you've said nothing new here, as someone above, whom I thanked, already gave me all the info I need. I know how to close a chapter and move on, simply by facing my reality. I asked a question as I do not study law and don't care to.

I never debated OhioGal being incorrect. I wasn't looking for fault. But her crass way of calling my facts BS was rude in itself. I simply followed suit and matched her energy. Couldn't care less how she or anyone else felt about my response.

Lastly, quote me correctly: I did not say "extreme trauma", but trauma HAPPENED nevertheless. I wasn't in the wrong during this accident in no way, shape or form so don't make me out to be a liar or someone who twists or exaggerate words.

The next time you're in a crash, where it's not your fault AT ALL, I hope no one undermines your experience and makes a mockery out of it.

 

[stealth2]

The definition of trauma is a deeply distressing or disturbing experience. Is experiencing a car crash NOT a deeply distressing experience? This experience had my 15 year old screaming and trembling. Whether trauma lasts a week, months, years or decades....it's still trauma. Who are we to decide how much trauma one holds?

So why is she not in therapy?

 

[quincy]

Hello.

I was in an accident while driving my friends vehicle. His vehicle was/is insured (not full coverage/2006 year). Airbags deployed/Car totaled. Other driver at fault and cited. This was my children's first traumatic experience that they'll never forget. Other than my finger being burned by airbag and a few days of chest tightness there was no long term injury. My friend does not want to file a claim as he has 2 other vehicles and fears his insurance will be going up or being canceled. The faulty drivers insurance has been notified and liability has been accepted. Is there any way that I can sue the faulty drivers insurance personally for the traumatic experience caused to myself and my children?

Thanks in advance.

Georgia has an “impact rule” that precludes recovery for mental suffering or emotional distress if there no corresponding physical injury.

In a car accident, that means there is no recovery unless all three of the following elements are met: 1. There was a physical impact; 2. The physical impact caused physical injury; 3. The physical injury caused mental suffering and emotional distress.

Here is a link to Eley v. Fedee, 362 Ga. App. 618 (Ga. Ct. App. 2022):

https://casetext.com/case/eley-v-fedee

If your children are suffering from the trauma of being in a car accident, you can best help them by finding them a mental health professional who can work with them on their recovery.