I was rear-ended recently while driving. Out of fear and shock my fiance who was with me soiled herself (pooped). She was highly embarrassed to be in the middle of a high traffic road after this happened to her. Is she entitled to damages?
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ANSWER for "Embarrassing Rear End Crash...":
Bobby (Abbeville, LA):
Not really. The shock and awe rear end collisions cause can often be traumatic. To recover compensation your fiancé would have to have suffered some real injuries. We did some research and weren’t able to find any personal injury lawsuits in Louisiana establishing soiling oneself as a compensable injury.
Another factor your fiancé should consider is the embarrassment she might suffer if the case couldn’t be settled and had to be tried in court.
Hopefully at the time of the collision you and the at-fault driver exchanged insurance information. If the police were summoned to the scene of the collision a police report would be generated. Contact the police department and get a copy of the report. Normally the cost to do that is nominal – about $2-5 dollars.
If your fiance wants to pursue the case she can call the insurance company to file a claim. If she files a claim she will be contacted by an insurance company Claims Adjuster. That should take a few weeks. When contacted your fiancé should explain what happened and the embarrassment she suffered. Although the Claims Adjuster is not obligated to pay her, the Adjuster may offer to paya token amount of $500 dollars or less.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.