Question
Car damage
We were hit while making a right-hand turn into the funeral procession line for my grandmother's funeral. The guy that hit us wound up in front of us, behind the hearse!
I want to be compensated for the time lost during my grandmother's funeral. I had to stay outside, waiting for the police, then do the report. They were waiting on us to close the casket!!! My husband was a pallbearer. All I wanted to do that morning was mourn my grandmother and be able to view her body for the LAST time, ever, in peace. That was taken away from me.
We can never get that time back. I should have been able to mourn my grandmother that morning, not stand out on the street waiting for the police because the entire passenger side of our car was smashed in. What a mess!
We just had time to run in and look at her body before they closed the casket to move the coffin into the hearse. The whole experience was devastating and it's just not how someone should have to bury their grandmother.
How do I make a claim for that?
AnswerHi Donna,
What a frustrating and anxious time that must have been for you and your family. I can empathize with you, but that is about all you are going to get for what you went through.
First off, you do mention that there is a claim available for injuries you sustained, so be sure to either look at my earlier answers or write another expert for help on that (I will be on vacation tonight). As for the claim you are asking about, I WOULD MAKE IT in my demand letter.
You have to tell what happened and how it impacted your life. Hopefully you did or will mention this to your doctor. If in fact " The whole experience was devastating", then you may have some residual distress to discuss with a doctor. Emotional distress claims must have medical proof. The reason might be that this is a way to provide a safeguard from people making questionable claims of emotional distress.
A plaintiff cannot just get up there and start rambling on about how distressful the accident was UNLESS there will be an offer of proof that this was discussed with a medical doctor.
But you know what—even if you will not tell your doctor about this distress you suffered, I would still make the claim. Let the adjuster deal with it.
BUT, let's be real clear: there is no claim whatsoever for having to undergo stress and hassle following an accident. Seems unfair, doesn't it? Your life was going along just fine and some doofus caused you a lot of problems. Why should you have to undergo that kind of trouble just because someone was negligent? Talk to your legislator about it, since she is the only one who can make your state law recognize emotional distress claims such as yours.
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Effective communication with insurance claims adjusters. Here is the last topic, Donna: Learn how to communicate with the insurance adjuster: FINAL TOPIC—COMMUNICATE IN WRITING AND "DEMAND" NOT "ASK"
Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing (e-mail is best), showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
