A piece of the action
The standing joke is that Americans are sue-happy. If something goes wrong, someone else must be held responsible and the sufferer should collect money not just to cover expenses but also money to compensate for pain and suffering. Don't get me wrong, there are many circumstances where I think that a suit for pain and suffering is just and right. But there are just as many, if not more, instances where I think we, as a nation, have got things skewed out of balance to the point that people feel entitled to their own piece of the action regardless if it is legitimately deserved. But where is the line between acceptable and out and out wacky?
For instance, do I, as someone who has been involved in an minor accident that resulted in mild whiplash, have the right to sue for compensation for pain and suffering? The police didn't show up, no ambulance was called and no report was filed. Information exchanged hands calmly (once I overcame my initial hysteria) and in a friendly manner. I did not consider being compensated for more than repair to my vehicle and to cover my medical bills. However, reps from both insurance companies - mine and that of the person who hit me - have presented this possibility to me. I got the distinct impression that they were almost urging me to make a claim and that they might think me foolish if I didn't. It's understandable, perhaps, for my own insurance company to suggest this but for the other company, the one that will pay my claims, to make this suggestion...well, frankly, I was stunned! Yes, being injured is not a picnic - it is inconvenient and painful - but it was an *accident*, not a result of intentional negligence or willful harm.
My husband and I have not been involved in an accident in a long time so perhaps what I'm experiencing is the norm - a sign of changing times. It is certainly not what we dealt with almost 17 years ago when a 17 year old ran a red light and T-boned my husband in his truck. It totalled our little Toyota pick-up but thank goodness hubby wasn't hurt beyond a scraped thumb (the truck did a 180 upon impact, too). I had to fight with the driver's insurance company for weeks (or was it months?) before they coughed up the replacement funds. What a headache it was. And now to sense that both insurance companies are bending over backwards to be sure I know I can submit a claim to cover pain and suffering for a small fender bender...
It's just too weird. I don't quite know what to think.
For instance, do I, as someone who has been involved in an minor accident that resulted in mild whiplash, have the right to sue for compensation for pain and suffering? The police didn't show up, no ambulance was called and no report was filed. Information exchanged hands calmly (once I overcame my initial hysteria) and in a friendly manner. I did not consider being compensated for more than repair to my vehicle and to cover my medical bills. However, reps from both insurance companies - mine and that of the person who hit me - have presented this possibility to me. I got the distinct impression that they were almost urging me to make a claim and that they might think me foolish if I didn't. It's understandable, perhaps, for my own insurance company to suggest this but for the other company, the one that will pay my claims, to make this suggestion...well, frankly, I was stunned! Yes, being injured is not a picnic - it is inconvenient and painful - but it was an *accident*, not a result of intentional negligence or willful harm.
My husband and I have not been involved in an accident in a long time so perhaps what I'm experiencing is the norm - a sign of changing times. It is certainly not what we dealt with almost 17 years ago when a 17 year old ran a red light and T-boned my husband in his truck. It totalled our little Toyota pick-up but thank goodness hubby wasn't hurt beyond a scraped thumb (the truck did a 180 upon impact, too). I had to fight with the driver's insurance company for weeks (or was it months?) before they coughed up the replacement funds. What a headache it was. And now to sense that both insurance companies are bending over backwards to be sure I know I can submit a claim to cover pain and suffering for a small fender bender...
It's just too weird. I don't quite know what to think.
posted by bemused at 3:35 PM
1 Comments:
I always tell people, if you feel the insurance company is taking care of you, then you don't need a lwayer. I don't know your state's laws but unless there's a permanent impairment where I'm from, there can be no suit for "pain and suffering."
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