QUESTION
Can she sue my insurance company for anxiety without physical injury?
Asked on Sep 30th, 2013 on Automobile Accidents - Alabama
More details to this question:
A month ago I rear ended another vehicle with a child in the back seat, the mother driving, and the boyfriend in the passenger seat. No one was injured physically. Both cars were totaled. It was my fault so my insurance company is paying for the accident. She is now claiming to have anxiety while driving due to the accident and wouldn't settle. I was not drinking or texting, and there were no witnesses. She says she was already stopped, I stated that she slammed on her brakes.
5 ANSWERS
William M Stoddard
Anxiety is an injury, without physical signs. But professionals have to relate the anxiety to one cause only which is actually not easily done.
Answered on Oct 07th, 2013 at 5:29 AM
Edwin K. Niles
Let your insurance co. worry about it. That's why God invented insurance.
Answered on Oct 02nd, 2013 at 3:40 AM
Ronald A. Steinberg
Typically not, because, at least under Michigan law, your emotional well being is NOT part of the insurance contract. But, you can sue for breach of contract.
Answered on Oct 02nd, 2013 at 3:02 AM
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Why don't you let your insurance co deal with the question. that is what they do. that is why you buy insurance. You don't know whether she is hurt or not. her doctors would have to say. you can be sure that the insurance co will be suspect of any such claims.
Answered on Oct 01st, 2013 at 2:13 PM
James Eugene Hasser
In Alabama, you can't sue the insurance company; she can only sue you. Juries aren't allowed to know about the insurance. Now, to the question. All that's required to file the anxiety claim is for her to have had some physical injury or have been within the zone of danger, which it sounds like she was. Your insurance company will know how to handle the claim. Good luck.
Answered on Oct 01st, 2013 at 12:48 PM