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Pain and suffering with 20% fault

by Julie

In short, my daughter was involved in an accident, not her fault, other driver was cited for Failure to Yield. Other driver's insurance company wanted us to accept 20% fault, we had not fault and would not agree.

We took to small claims court and won and was awarded amounts for out of pocket expenses, i.e. car, car rental, towing, medical bills, etc. Pain and suffering was not part of the settlement. Her insurance company offered us $500 pain and suffering prior to the court case.

My daughter is entitled to something for her pain and suffering, and we feel it's unlikely that the insurance company will pay anything after taking to court. What recourse do we have?


Well, it really depends on couple of things. What your state does on this circumstances. If you daughter was injured, then she is entitled to several bodily injury claims (pain and suffering being one of them). Visit: for a full list.

The problem here will be the fact that you taken the person to court. It is possible that your case would be barred by res judicata. It is better to check with an attorney in your local area before you make an offer of demand.

The insurance company might not “use” this as a defense, but they could. The insurance adjuster might not even know what res judicata is, so do not mention it to them, but do double check with a local attorney so you are prepared.

If you do not know a local attorney, visit:

Write a letter of demand and see what response they give you. They might make you an offer (which then you can argue they waived their res judicata defense).

I hope this helps,
Good Luck

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