What to do if I was rearended while sitting at a red light and then pushed into the car in front of me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.