What canI sue for if an unlicensed insured driver backs into my daughter but his insurer will only pay 25%?

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What canI sue for if an unlicensed insured driver backs into my daughter but his insurer will only pay 25%?

Police report shows other driver at fault for backing into my minor daughter in my car. His insurance wants to pay 25%. Now I am headed for small claims as I have liability only on the car. Can I sue for all the time I spent on the phone with my insurance company and theirs? What about the time I spent researching and filing smail claims, time getting estimates, time getting a rental car, etc? What else can I sue for?

Asked on April 25, 2011 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately the law does not allow one to collect or receive compensation for one's own time spent in prosecuting or defending a matter, in negotiations, on the phone, arranging for a rental car, etc. You own time is not legall compensible. You may sue for property damage (car and any personal property also damaged); for any medical costs; for any lost wages; for pain and suffering if the injuries (if any) were severe or long lasting; and for other out-of-pocket losses or costs, such as the cost of renting a car, the cost of towing, the cost of taking alternative forms of transportion, etc. You might also be able to seek and recover filing fees...but again, *definitely* not the time and effort you have put into this matter, no matter much it is.


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