Can I get the insurance company of the person who was at fault to pay for mental anguish?

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Can I get the insurance company of the person who was at fault to pay for mental anguish?

About 10 days ago, I was side-swiped by a tractor-trailer truck on the highway. Although I was not hurt physically, I am now terrified to drive on the interstate and especially get really scared if a big truck gets near me. In fact, I am so frightened that I had to buy a new car since I no longer feel comfortable driving my dream car which is a smaller vehicle..

Asked on April 1, 2017 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot. Mental anguish or emotional trauma compensation is not available unless 1) there was serious physical injury (so the anguish, etc. is related to a provable physical injury) or 2) was the product of a deliberate effort to inflict mental suffering, like cyberbullying, stalking, harassment, etc.


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