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Is this included in pain and suffering?

Sacramento, CA |

I will eventually seek out an Attorney once my medical visits are finished. I was without my car for about 18 days. I had a rental the whole time and the other's insurance company will pay for repairs to my car and also the rental - but I was wondering if the fact that I was without my car, can add to the settlement for pain and suffering.

Thanks.

Attorney Answers 7


  1. The short answer is "no." Unfortunately, the insurance carrier is required to pay only your rental car (see link below). There is no pain and suffering beyond that.

    If you're treating for injuries, it would behoove you to get the advice of a personal injury lawyer now. He or she will have helpful insights and strategies that may become a moot point if you engage the lawyer's services after you're done treating.


  2. You need to consult with a CA personal injury attorney regarding ALL damages you are entitled to. As far as the additional loss of use of automobile claim the defendant's carrier has already for for your rental auto. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. No there is no pain and suffering component to a pure property damage or loss in CA. What you can try and get in addition to the cost of repair, rental and the mileage at the Federal rate ($0.56.5/mile) for trips to the auto body and medical appoitments if you keep a log of dates, destinations and mileage is dimunition in value, but it is hard to prove and most carriers will not pay it, you need to get a couple of reputatable estimates from auto dealers of what the car is worth without prior damamge vs. what car is worth after you disclose accident and damage which you are legally required to disclose if car is ever for sale. Good Luck!

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  4. Pain and suffering is not applicable for a property damage claim, only a personal injury claim.


  5. Generally pain and suffering does not play a part in a property damage claim.

    I do not see any benefit in you waiting for your medical care to be completed before you speak with an attorney. Often the attorney can make sure that you have all of your injury bases covered appropriately.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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 ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  6. Pain and suffering are separate from property damage. My question for you is why are you waiting to hire an attorney. As an experienced personal injury lawyer, I understand the hesitation to hire counsel because some attorneys push their clients through the system without allowing for medical treatment to complete. The fact of the matter is that you need an attorney to represent you and help you through these tough times. I have fought and advocated for my clients for over 20 years and I know how get my clients the settlements they deserve. I have included some links to help answer some of your potential questions. If you would like a free consultation, feel free to contact me at my office: (310) 207-4030.


  7. That would be loss of use, not pain and suffering. Do yourself a favor and retain an attorney soon. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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