Auto Insurance Claims: Distress & inconvenience compensation available?, mitigation


Question
In the recent snow and severe weather that happened in Georgia, a driver hit a patch of ice, crossed the median and hit 2 other cars.  The second car hit was driven by my child.

The car was totaled and that is not an issue.  My issue is that because this happened on Sunday, my child was 2 hours from their college (in another state) with the expectation class was starting on Tuesday. Due to weather, many hotels were booked and some said due to her age (19) that she could not book a room.  In addition, car rentals were closed and on Monday, those that I could find would not rent due to age; the only was possible was through a direct bill with insurance.  The other driver was insured in Georgia and their claims office was closed Tuesday till noon.

My child was stranded in Georgia, had to stay with the grandmother of a fellow student for 2 days and for 2 days was in limbo about how to get to school. All extremely upsetting.

Should the insurance company make available compensation for this? There were no medical issues beyond the normal bumps and bruises, so we are not making any medical claim.

Answer
Persons presenting a claim for damages are obligated to mitigate (control, lessen, etc.) their damages.  What did it cost to search for and get rejected by hotels?  Can you prove that happened?  In most States an 18 year old is considered an adult and can enter into a contract.  Can you get statements from all the rental car companies you tried to reach that states they were closed on the Monday in question, or that they wouldn't rent to your daughter because of her age?  If I were the adjuster, I would wonder why you didn't drive to your daughter or have another family member or friend or classmate provide transportation.  Bus lines were closed, too?  There is no way you can prove that she was stranded, there are just too many ways to get from point a to point b.  

Also when a car is a total loss, there can some issues with rental vehicles.  Normally, an insurance company only owes rental up until they deem the vehicle to be totaled and make a reasonable settlement offer.  

The problem I foresee you having is putting a dollar amount on the nuisance.  You can ask for a nuisance value compensation, and if there were some bumps and bruises then your child endured some pain which could also warrant a small monetary settlement.  

It will be hard to prove that it was impossible to get a hotel or rental car.  If she had been able to get a hotel or rent a car, then those costs could have been presented as damages.  Some rental car companies won't rent to somebody without a credit card, and that's just tough for the person without a credit card, it is not the fault of a negligent driver.  Just the cost of the damages are due, not help with obtaining services.