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Car Accident. Is it possible to file lot suite against my car insurance because of the emotion, pain I am suffering?

Boston, MA |

I was driving on Sunday December 15. it was dark the road were unclear, my car spin lost control, the car hit the snow ban and car ends up crunch out on the rock, because I was trying to avoid to hit the phone pall. Now I am depressed, having hard time from my car insurance to reimburse me for my week paid, and my insurance company are asking me if I have any questions, and I told them I can't think right now because I am still on shock of the accident and the cop was surprised that my car is 4 wheel drive. Any advise please?. Thank you so much. Bouchra

Attorney Answers 7


  1. No, y ou do not have a lawsuit for the abuses of your insurance company. You should contact an attorney to help you with the difficulties you are having. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. No, under the facts you've posted you don't have the basis for a lawsuit against your insurance company. Also, the accident only took place nine days ago, so you may need to be more patient in dealing with them. If you continue to have difficulties you can always consult with an attorney in your area. If that becomes necessary, use the Find a Lawyer tab on Avvo to search for one to talk to... Best of luck to you...
    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  3. The short answer is: NO. "Emotional distress" claims are a cause of action in either intentional or negligent infliction of emotional distress. Your facts do not meet the elements of either of these actions.
    You should consult with an attorney about the difficulties you are having with your insurance company. You may have a contract dispute.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney


  4. You do not have a claim for a lawsuit against your insurance company. What you should do is seek medical attention for your shock and emotional suffering.


  5. Although your facts are unclear, unfortunately the facts that you do give do not give rise to a viable claim against your own company.


  6. No. Insurance does not work that way. If you are negligent and inflict pain and suffering on someone, you are liable and your insurance covers your liability. But you can't sue yourself. No-fault coverage will pay your medical expenses. If your doctor prescribes anti-depressants, no-fault will cover that. If psychological treatment is prescribed, that might be covered, but the insurance company might fight it.

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