I live in Oregon. I was told by a clerk that Pain and suffering isn't paid in Small Claims court... is that true?
situation;
We were rear ended by a young kid who has lied to his insurance company saying we pulled out in front of him. We didn't, I had come to a complete stop and just took my foot off the brake to move again when he hit us.... Fortunately in Oregon the have "personal injury protection" on all insurance. Meaning your insurance pays up to $25,000 for the first year per person for medical etc. no matter who is at fault. That got us throuh almost all of our Chiropractic treatment etc....
since the accident my insurance company has already won inter-company arbitration and got their money back for my vehicle damage, the medical is still "pending" but the agent said they won so easy, it's a given they will get that.
Due to money and possible lawyer fees, I filed in Small claims court to collect expenses (milage - medical) that wasn't paid by the PIP coverage and for pain and suffering...
I am concerned that All I will get is the actual expenses and no pain and suffering. Medical bills were in excess of $7000, all paid by PIP. I am suing for max in small claims $5000. I have about $1500 in unpaid expenses.
Can I get pain and suffering in small claims court? I would like to assume the judge would award me something because it's obvious the kid is lying (street he says I came out of is a dead end and I just picked up my passengers elsewhere).
Thanks
Worried...
situation;
We were rear ended by a young kid who has lied to his insurance company saying we pulled out in front of him. We didn't, I had come to a complete stop and just took my foot off the brake to move again when he hit us.... Fortunately in Oregon the have "personal injury protection" on all insurance. Meaning your insurance pays up to $25,000 for the first year per person for medical etc. no matter who is at fault. That got us throuh almost all of our Chiropractic treatment etc....
since the accident my insurance company has already won inter-company arbitration and got their money back for my vehicle damage, the medical is still "pending" but the agent said they won so easy, it's a given they will get that.
Due to money and possible lawyer fees, I filed in Small claims court to collect expenses (milage - medical) that wasn't paid by the PIP coverage and for pain and suffering...
I am concerned that All I will get is the actual expenses and no pain and suffering. Medical bills were in excess of $7000, all paid by PIP. I am suing for max in small claims $5000. I have about $1500 in unpaid expenses.
Can I get pain and suffering in small claims court? I would like to assume the judge would award me something because it's obvious the kid is lying (street he says I came out of is a dead end and I just picked up my passengers elsewhere).
Thanks
Worried...