Auto Insurance Claims: How to work with insurance company, frame damage, broken bones


Question
On 7/18/12 I was waiting at a red light and was hit from behind by a distracted driver.  His speed at impact was around 40-45 mph if not higher based on what he said to his wife on the phone.  My truck was drivable to get it home until I contacted his insurance (state farm).  I went to ER because of pain in my neck and shoulder. Had X-rays done and no broken bones.  
Fast forward to last night and I was corrected on what day it was and when the accident happened and realized I have no memory of anything that happened for 24 hours before the wreck.
I went back to the doctor and was diagnosed with a concussion.
My question I guess is can I get anything from his insurance beyond the doctor bills and repair costs, like pain, suffering, loss of being able to help with my disabled child since im supposed to be resting.  So far I've missed 3 days of work and am trying to talk to his insurance company about not wanting the truck repaired due to the frame damage.  If they fix it, 4 week projected turn a round, how hard is it to get State Farm to give diminished value.

Answer
My question I guess is can I get anything from his insurance beyond the doctor bills and repair costs, like pain, suffering, loss of being able to help with my disabled child since im supposed to be resting.  - Yes, you can negotiate a settlement with them once you have fully recovered from your injury.  The claim rep can explain the process.  All of the items you mentioned should be included.


So far I've missed 3 days of work and am trying to talk to his insurance company about not wanting the truck repaired due to the frame damage. -- Lost wages due to injury will be included in your settlement.  They owe you the lesser of the repair cost or the value of the vehicle if it is a total loss.  Frame damage does not cause a vehicle to be totaled.  This is very common and can be expertly repaired - it is done every day.

If they fix it, 4 week projected turn a round, how hard is it to get State Farm to give diminished value.  -- This will depend on the law in your state.  Each state is different.  Ask the claim rep.