Legal Question in Personal Injury in Hawaii
Auto Accident
I'm a nanny, and the 13-year-old I pick up from school everyday
and I were recently rear-ended by a young man. Both of us
sustained neck injuries which were covered by my insurance, and
the damage to my vehicle was estimated by his insurance adjuster
at close to 5,000 dollars, but they missed the internal damage and
my car broke down shortly after the estimate was made. His
insurance company has accepted liability but has been extremely
negligent in expediating the repairs to my vehicle and sent me
back on the road with a faulty vehicle. Can I sue them for the
emotional strain they have caused me and the minor I'm
responsible for?
1 Answer from Attorneys
Re: Auto Accident
Thank you for writing. I am sorry to hear of your accident. With regard to the inadequate or slow repairs, the insurance company will likely fix the interior problems so long as you can show that this damage was also caused by the accident. They should also do the repairs in an expeditious matter. If the repairs will take a long time, check to see if there is any rental car coverage that will apply. This might help to relieve some of the stress of not having a car for a long time. If you are asking whether you can recover emotional distress damages for the inadequate or slow property damage repair, the answer is no. However, you and the boy can recover for such damages if in fact you both suffered physical injuries from the accident itself. In order to do so, however, your medical expenses (for each of you) must reach at least $5000.00. Good luck to you.
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