What to do if I was rearended while sitting at a red light and then pushed into the car in front of me?

The other insurance company has accepted 100% liability and the man who hit me was elderly and he did not have a drivers license due to dmv not renewing it for vision problems. I went to hospital with neck and shoulder and arm pain but nothing broken. Went to my doctor and she said the tingling in my arm would probably go away but to come back in a week. If I don’t have anything show up seriously wrong with me but still have discomfort and tingling in my arm, can I sue this insurance company for pain and suffering? This other insurance company offered me $500 when I didn’t even ask for it and I told her I didn’t know if I would accept it.

Asked on April 21, 2014 under Personal Injury, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if you don't have anything really wrong with you, you can't sue for pain and suffering. Pain and suffering is for disability and/or chronic pain which materially interferes with basic life functions or basic life enjoyment, and which is traceable to a definable injury or condition caused by the accident. It is not for "discomfort and tingling" when there  is no significant injury.

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