Hit from rear/side while turning by a driver trying to pass.

[jkj]

What is the name of your state? GA

My GF was hit from side/rear while she was turning left. The other driver's insurance company has offered to pay for her car repair etc. She has had neck pain etc recently since the accident. I know she needs to be seen by a doctor ASAP to diagnose her pain. How does she request money for pain and suffering/lost job time/diminished vehicle value without an attorney?

Her vehicle is a 2006 Cobalt that had never been wrecked. The damage is around the 3k mark. How much should diminished value be?

 

[seniorjudge]

Q: How does she request money for pain and suffering/lost job time/diminished vehicle value without an attorney?


A: She says (in writing), to the insurance company, "I want $x for pain and suffering, $x for lost job time, and $x for diminished vehicle value. Here are my reasons for these amounts [insert reasons here]."

Please note that the lost job time will probably not be awarded. The pain and suffering may be if there are permanent and serious physical injuries (which your post does not say anything about).

 

[jkj]

She has not seen a doctor yet about the pain. She is going in this week. Why would lost job time not be awarded? How much would be a reasonable amount for the diminished vehicle value? What about the pain and suffering if it isn't permanent, which I'm not sure of because she hasn't been to the doctor as of yet. She didn't have any pain until the next day.

 

[seniorjudge]

She has not seen a doctor yet about the pain. She is going in this week. Why would lost job time not be awarded? How much would be a reasonable amount for the diminished vehicle value? What about the pain and suffering if it isn't permanent, which I'm not sure of because she hasn't been to the doctor as of yet. She didn't have any pain until the next day.

Lost job time is not direct damage but collateral damage and thus not compensated.

Q: What about the pain and suffering if it isn't permanent, which I'm not sure of because she hasn't been to the doctor as of yet. She didn't have any pain until the next day.

A: The pain and suffering may be if there are permanent and serious physical injuries (which your post does not say anything about).

 

[jkj]

Lost job time is not direct damage but collateral damage and thus not compensated.

Q: What about the pain and suffering if it isn't permanent, which I'm not sure of because she hasn't been to the doctor as of yet. She didn't have any pain until the next day.

A: The pain and suffering may be if there are permanent and serious physical injuries (which your post does not say anything about).

Note the bold hypothetical haha... Oh thanks for your quick responses. How much would be an estimate for diminished car value? I'm not sure what ballpark this request should be in.

 

[seniorjudge]

Note the bold hypothetical haha... Oh thanks for your quick responses. How much would be an estimate for diminished car value? I'm not sure what ballpark this request should be in.

Let me say it another way: If there are no permanent and serious physical injuries, no pain and suffering will be awarded.

As far as the car, ask for the farm, settle for a goat.

 

[pattynj]

Hey, Seniorjudge

Let me say it another way: If there are no permanent and serious physical injuries, no pain and suffering will be awarded.

As far as the car, ask for the farm, settle for a goat.

No one wants to read your crap. Get real...Get a life

 

[jkj]

I appreciate your help senior. So temporary pain does not count I take it. Thanks. I guess we will ask for 3k for diminished value? I realize its not that much. Anywhere to locate comparative values for non wrecked vehicles?

 

[seniorjudge]

...

Anywhere to locate comparative values for non wrecked vehicles?

....

There are all kinds of these sites on the internet. Unfortunately, I do not know any of them.

Maybe some of the insurance gurus on here can help you.

(I am not an insurance agent or an insurance lawyer.)

 

[ecmst12]

Any particular reason you'd say no pain and suffering would be awarded if there are no permanent damages? Does GA have tort laws like NJ or something?

 

[jkj]

Any particular reason you'd say no pain and suffering would be awarded if there are no permanent damages? Does GA have tort laws like NJ or something?

I was curious about that too.

 

[seniorjudge]

Any particular reason you'd say no pain and suffering would be awarded if there are no permanent damages? Does GA have tort laws like NJ or something?

As I said, I am NOT an insurance lawyer. If Georgia (or any other state) allows damages for pain and suffering without serious and permanent physical injuries, then I stand corrected.

That kind of thing seems strange to me, but, hey, I thought OJ was guilty, so there you go!

 

[jkj]

As I said, I am NOT an insurance lawyer. If Georgia (or any other state) allows damages for pain and suffering without serious and permanent physical injuries, then I stand corrected.

That kind of thing seems strange to me, but, hey, I thought OJ was guilty, so there you go!

LOL @ OJ I'm with ya on that one. If anyone knows about this for GA in particular feel free to chime in...

 

[ecmst12]

As far as I'm aware, MOST states allow for pain and suffering awards for non-permanent injury. NJ is an exception because of the huge mess that car insurance is in that state (most densely populated stated and most drivers per capita in the US). PA allows it if you have full tort purchased on your insurance policy; I think that's the most common way of doing it.

Now you won't get a TON of money without permanent disability, but in most states you are entitled to some compensation for the pain and the amount of time spent in treatment, lost time from work, etc.

 

[BelizeBreeze]

Georgia law DOES allow for the recovery of pain and suffering for non-permanent injury, future medical bills and emotional pain from an auto accident. When the new insurance coverage laws changes in 2001, from a min. requirement of $15,000 liability to $25,000 minimum, Georgia also included provisions for the above.

The new law also capped recovery maximum to $50,000 per accident, NOT per victim.