Do i have a Negligence ? Or Pain and suffering case ?

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Do i have a Negligence ? Or Pain and suffering case ?

My vehicle was legally parked outside on the street when a FED EX truck struck my vehicle while trying to pull into an empty spot in front of my vehicle. I went through their insurance and the agent told me to take it to a repair shop for estimate n fax it over to him. The estimate was $8879. After they recieved the fax they wanted to send over an appraiser. After that im still waiting on whats next. The agent now switched me over to another agent and its now 10 days since the accident. Im still waiting for approval and its turning into stress. I am completely not at fault as i was not even inside the vehicle. Do i have a pain and suffering case ?

Asked on March 16, 2012 under Accident Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, there isn't any pain and suffering claim where there is property damage only in an auto accident.  Compensation for pain and suffering would only apply if you were injured in the accident.  Since the car was parked and you weren't in the vehicle when the accident occurred, you wouldn't have any claim for pain and suffering.

Tell the insurance company that since you have the estimate, give them a deadline for the appraiser to show up and tell them if the appraiser doesn't show up by that deadline, you got the estimate and will have the car repaired and they can pay the repair shop.  That should hopefully get them moving.  You should also talk to the insurance company about providing you with a rental car while your car is being repaired.

Property damage claims are usually settled without filing a lawsuit.  If the case is not settled, you can sue Fed EX for negligence.  Your damages would be the cost of repairs to your car and the rental car cost.  Their insurance company probably has a daily maximum rate for a rental car.  Also, they probably won't pay the collision damage waiver on the rental car, but if you have adequate insurance you won't need it.

 


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