posted
I was talking with several of my friends the other day, and somehow or another the topic of auto accidents came up. Then one of them mentioned that he heard peeing (or even defecating) on yourself right after you get hit in an accident entitles you to more money, due to things like emotional distress or humiliation.
Sounds like a UL, even more so a load of crap (pun intended) to me. Anyone know if there is any validity to this, or heard anything like it?
"It pays to have an accident when you have an accident." Smith
-------------------- It is what it is. Posts: 79 | From: Hellhole of the planet, South Carolina | Registered: Apr 2004
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posted
I'm pretty sure that money for emotional distress or humiliation would only be awarded as the result of a successful lawsuit. The insurance company only pays for actual damages to property or actual health care costs.
So it is possible that a jury would award more money if they heard that g-you had urinated or defacated on yourself as a result of the accident. But first they would have to decide that the other driver was at fault and that you deserved any money other than actual damages and care costs. And I would think the award for the general pain and suffering would be much higher than the extra award for soiling yourself.
-------------------- IIRC, it wasn't the shoe bomber's loud prayers that sparked the takedown by the other passengers; it was that he was trying to light his shoe on fire. Very, very different. Canuckistan Posts: 3694 | From: Arizona | Registered: Aug 2005
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Not only that, but emotional distress damages are usually only awarded for intentional distress--for that you'd have to prove A) the accident was caused deliberately and 2) the person causing the accident knew you'd pee and iii) intended that you should do so.
I don't think it would work.
Seaboe
-------------------- Education is not the filling of a hard drive, but the lighting of a bulb. -- Yeats via Esprise Me Posts: 5562 | From: Seattle, WA | Registered: Jun 2005
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posted
Seaboo - not sure about the law in Washington, but you may be thinking about the separate claim of "intentional infliction of emotional distress" which can be claim unto itself. In which case you are right, a person would need to show intent. There is also a claim of "negligent infliction of emotional distress." But a car accident isn't usually the type of claim where separate counts for emotional distress are filed.
However, here in Pa. if, for example, one gets a big scar on the face as a result of the accident, an element of the damages might be embarrassment with no need to show that there was any intent of harm.
As far as the original post goes, purely anecdotally, I worked as a court officer in a civil courtroom for 4 1/2 year and with auto insurance for another 3 and never saw anyone claim they had peed themselves as a result of the accident.
-------------------- I have no spur to prick the sides of my intent... Posts: 138 | From: Philadelphia, PA | Registered: Oct 2005
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quote:Originally posted by Troberg: The question is not if it would work, the question is if it's worth the money...
Well, I'd say whether it works or not is the more important issue, since if it doesn't, then it's certainly not worth it.
I work for a large insurance company and I've read through hundreds, if not thousands, of claims files. Most of those were auto accidents. I've never seen anyone make a claim of urinating on themselves.
-------------------- Come on, come on - spin a little tighter Come on, come on - and the world's a little brighter Posts: 5595 | From: Columbus, OH : The Soccer Capital of America | Registered: Sep 2002
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My insurance covers damage to personal posessions in the car (up to a limit) presumably including clothing.. So the soiled driver could make a claim for the cleaning or replacement of his underwear and trousers. Therefore, more money. Which he may or may not choose on cleaning or replacing his soiled clothing.
I'm sure the extra 50p he'd get for a scoop of washing powder would be well worth the humiliation.
-------------------- "Ladies and gentlemen, this is what is commonly known as money. It comes in all sizes, colours, and denominations - like people." Posts: 997 | From: Maidstone, UK | Registered: Jun 2006
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The only value I could see to this is if you won a lawsuit, the judge and/or jury may take it into condsideration when issuing an award. Plus, you get that nice warm all over feeling....
-------------------- Has anyone seen my other shoe? Posts: 40 | From: Richmond, Indiana | Registered: Jun 2006
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posted
I would also think that the way one could end up with extra cash for spoiling their trousers after an accident would be from the jury feeling bad for you and adding more money to the award, and not that there is some set amount that insurance companies regularly pay for such things.
As for emotional distress, and take this as the worthless, FOAFish anecdote that it is, but my ex-brother-in-law once ran a red light and caused a fender bender. There were no physical injuries, and his insurance company paid a small amount to have the other driver's car repaired, just a small dent and touch-up paint. About a year after the fact the woman from the other car got an attorney and won more money (can't remember how much) from the insurance company because she said she developed a fear of driving due to the accident and lost her job over it.
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