Frisco, TX asked in Car Accidents, Personal Injury and Small Claims for Texas

Q: Compensation-non-utilization of leased car,high emotional distress,unusual expenses due to 5 month repair of leased car

Adjuster is paying only for rental cars and $500 for emotional distress.We have 12000 unused miles on our lease which may not be utilized.We need the lease payments for this period to be reimbursed.We used Uber, food delivery only when we did not have a rental car.But the adjuster has refused to pay for this.We missed our flight due to a delay out of our control when returning the rental car and we need some compensation for that.At the time of the accident, my husband, a passenger, was suffering from a severe medical condition in his spine and other related conditions as a result of a previous accident around 7 months back.His neurosurgeon had warned him that another car accident may leave him paralyzed for life.He suffered from emotional trauma from this accident as can be seen in the notes from his psychiatrist visit following the accident.Our family also suffered. We are not getting enough compensation for this.Is the adjuster justified?Can we sue the at-fault driver? Thanks

2 Lawyer Answers

A: Yes, you can sue the at-fault driver. If the other driver is 100% at-fault, you can sue for the full amount of your compensatory damages including past and future pain and suffering and past and future mental anguish.

1 user found this answer helpful

A: I'm sorry for your ordeal. If you consult with an attorney, they will ask you the adjuster's position and the basis for their inadequate compensation offer. If you have police reports that outline the respective liabilities here, and medical records that support the extent of injuries, those things would be meaningful to an attorney in evaluating the matter and your best options. Good luck

1 user found this answer helpful

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