Q: No fault drunk driver no injury, but can I get emotional distress and I’m completely with out a car ! .
Can I sue her insurance for a new car? Since they want to total mine and give me what I think is an unfair amount to get a car . I have 4 children and we now have to rearrange our lives at her negligence. Some one please give me some advice before I legit lose it .
A: If your car was totaled I'd think you would have some injury as you are not a crash test dummy. You are describing a form of ptsd which you'd want to discuss with your doctors. As to the property damage, it's set by state law--they only have to give you the book value--baiscally what your car would have sold for the minute before the wreck. They do not have to give you replacement value. Emotional distress is disfavored by the courts. I suggest you contact a member of the NY State Trial Lawyers Assn in the county where the wreck happened--they give free consults.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
