The made Whole doctrine | Total Loss Question

by Reggie
(Greenfield, IN)

Someone hit my son in our vehicle and totaled it. Was other guys fault. This vehicle was used to secure a loan that is also listed in a chapter 13.

Just minor cuts and bumps. Question is under the Made Whole Doctrine can I get money for anguish, emotional distress as this has turned our family upside down for almost 3 weeks.

Accident was due to other drivers negligence as he crossed center line. We have worked hard to put our life right and invested money in the vehicle that was stolen. What little savings we had is now gone to obtain a replacement vehicle.

Insurance is wanting to give low $ to loan company, nothing to my son or us for the invasion, turmoil, frustration and nightmares we had, etc. No $ to go towards vehicle we got, which is used & very comparable to what we had that was totaled. We aren't wanting to bleed anyone, but the whole doctrine states insurance to put you back to pre-accident condition.

We feel we were invaded, robbed, taken advantage of and why? We did nothing to make this happen, we are a victim but yet the other driver raped us and now the insurance thinks they have a right to do that too. How is that fair? What articles can I read and where to find them.

We are fighters. We pay for insurance but the only one that benefits is the insurance carrier. My vehicle they will make a third of what they want to give loan company at least. I need and I want to fight. Worked so hard to get a small savings for us to be robbed.

Do everything the right way and for what?

Sorry but very frustrated.


Answer:


Hello Reggie,

Question is under the Made Whole Doctrine can I get money for anguish, emotional distress as this has turned our family upside down for almost 3 weeks?

- No, most likely, you cannot.

The laws of all states require that the insurance company pay for the property damage that they caused. They must pay for fair market value and that is what they will pay. Property Damage does not give you rights for "General Damages" (pain and suffering, and the damages that you are asking for). You must have an injury in fact and not simply an economic loss (in other words, you must have actual injury to your body. Damage to your pocket book is not enough).

You are strongly encouraged to talk to a local attorney.

Please see our sections on total loss: please see: http://www.auto-insurance-claim-advice.com/totaling-a-vehicle.html


Good Luck,
Auto Insurance Claim Advice
Spokane Washington