Can I claim a right to compensation for things like mental anguish / distress , costs / time for travel to doctors time with no car ( for 40 days the claim was ignored by Mercury ) goods stolen from car during tow , etc . ? There are many damages which flow from such an event which are not just physical . This has put much stress and strain on every aspect of my life and even family and business relationships . If such things are not considered valid points of claim in an auto accident then where can I read in the codes what is . If there are other places to read about the philosophy supporting the rejection of validity of these damages where can I read it so I understand where the Ins . Co . s denial If they try it . I find no intuitive or reasonably logical basis for such a denial if indeed they do
If you were not at fault then you are entitled to both economic and non economic damages. Hire a lawyer asap and let them handle all of this for you. It will take a ton of stress off of you. If you were cited at fault consult with a lawyer to see if the denial is valid. Good luck!
An insurance company "denial" is usually based on no coverage for the at-fault driver (such as lapsed policy for unpaid premiums) or no liability (where they claim their insured was not at-fault). Complete denials are rarely based on the amount of damages. The damages include physical injury, pain and suffering, disability or impairment and mental anguish related to physical injuries. Damages also includes ecomonic losses in the amount of loss, but no mental anguish for purely property related matters. The time limit in Florida for filing suit on an automobile collision is four years from the date of the collision. You should schedule a free consultation with a qualified Florida attorney.
I typically do claim costs of travel to and from doctors as well as the numerable intangible losses you cite. The rationale is that if you are merely given back your out of pocket expenses, that doesn't begin to take into consideration the real harm that was done; the interference with your life (loss of a normal life in Illinois), interference with your ability to function normally (disability), and the pain and suffering the injuries caused. To be honest, if there isn't a question of liability, coverage or extent of injury, the majority of the value of any given case is wrapped up in the intangible losses.
Ins cos dont care about you and what the law says you can collect. They want to pay as little as possible and they have lorts of money to spend to avoid paying claimants, even valid ones. You need a lawyer who handles injury matters to fight for you. Otherwise, you will be treated unfairly.
Mercury is notorious for wrongfully denying, delaying or lowballing claims. As a no fault victim, you are entitled to economic damages, such as medical bills and loss of income, as well as non-economic damages, including pain and suffering and emotional distress. My advice would be to either hire a personal injury attorney, or file a claim in small claims court, as you are unlikely to receive fair compensation from Mercury on your own.
To answer your question, look up the difference between compensatory and consequential damages. Often consequential damages suffer the plight of being considered too attenuated from the original negligent act and this considered "unforeseeable."
As a piece of practical advise, get a lawyer. All the philosophies in the world are no substitute for experience in litigating claims and negotiating with adjusters.
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