Should I bother taking action?

UPDATED: Sep 30, 2022

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Should I bother taking action?

My wife and I were stranded on a highway for over 7 hours waiting for a tow truck from our insurance company’s third party. New Link Destination
wing companies kept cancelling but we never eceived updates from roadside assistance unless I called back to check in. We were also constantly receiving incorrect information about the arrival of the truck that finally picked us up, as did they. For example, instead of a 50 minute wait, we waited nearly 3 hours. When they arrived, they weren’t notified that we needed a ride despite us telling roadside such. We were lucky that they made space for us. The weather was around 95 degrees. The result was my wife and I being badly dehydrated severe hunger after a full meal, no sweating, extreme fatigue, etc. When I reported this to my insurance company, they were outraged. After this was reported I received a call from the roadside third party. The person on the phone apologized and wanted to offer $50 as compensation. It seems to me they’re attempting to buy us off. What should I do? Is it better to just take that check since my wife and I are fine now or should I pursue legal action?

Asked on July 17, 2017 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as we hope, the worst you suffered was dehydration, fatigue, etc. with no lasting effects, there is no point to legal action. Civil law (i.e. lawsuits) does not, in cases like these, give you any compensation other than compensation for the actual injuries or costs you incurred; with no lasting injuries, assuming you did not need expensive hospitalization or ambulance services, you would spend more time and money on the suit than you'd get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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