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Can I sue for emotional distress when my car was in a hit and run?
Los Angeles, CA
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Posted 2 months ago in Car / Auto Accident
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My car was parked and a woman did a HIT AND RUN. I was lucky enough to have a witness put her license plate number in a not on my car so I handed it off to the police station. I did not know if they would find her so I went through my insurance, which totaled out my car paying off my loan value. Right now I am left with no car and no loan but I do not have any money to get a new car. Can I sue her for money on a down payment? Also can I sue her for the emotional damage she did. This was my first car ever, I brought it with my ex boyfriend and I was expecting to drive this car until it feel apart in 10 years. (I only had it for 2). It really did mean alot to me and everyone keeps sayins I am only entitled to the monetary value but that car was much more important to me then just the loan
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Answers (2)
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 2 months ago.
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I respectfully suggest that you review the Legal Guides I have published on Avvo.com, one of which deals with automobile property damage claims.
Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. 
Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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No, emotional distress is not normally compensable in a traffic accident. Unfortunately, one of the most unfair things about being in an accident is uncompensated time and aggravation of delaing with insurance, getting a replacement car, etc., etc.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
