What to do if a car drove through my store barely missing 4 people inside and causing damage at an estimated cost of $160 ,000?

My business is suffering waiting to get back as we were. We are insured. The person who drove through the store has auto insurance; I have learned she was being treating with psychological drugs and should not have been driving in her condition. My insurer is handling my losses but it’s slow going. Do I have any recourse to go after this woman for any pain, suffering,extra work it has caused me, stress, worry and potential loss of business this has caused me?

Asked on January 6, 2013 under Accident Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You potentially have a claim for lost profits from your business. However under the law you do not get emotional distress damages. I suggest that you work with your claims representative in getting the repairs made in conjunction with the claims representative for the carrier that insured the driver of the vehicle.

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