What is “pain and suffering” and is it a part of an auto policy?

UPDATED: Jul 18, 2013

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What is “pain and suffering” and is it a part of an auto policy?

I had a wreck that broke both bones in my right arm. The insurer for the guy who hit me says that his policy coverage is $50k and that is all they will pay. Is that for pain and suffering?

Asked on July 18, 2013 under Accident Law, Mississippi


Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 9 years ago | Contributor

The other attorney's answer is correct. However, I would add that you are not limited to the Underinsurance policy of your own auto. Its possible that there are other insurance policies you can collect from. The process is referred to as Stacking. Its complicated and has to be done in a very specific manner. Stacking potentially allows for claims from not just the at-fault driver's policy, but potentiall any other policies he/she has, your own policy, and then beleive it or not, policies from household members. There's quite a lot to it.

As to, "What is pain and suffering?" Well the short answer is, its pain and suffering. Seriously, under the law a person is entitled to pain and suffering compensation. Personal injury claims are designed to "compensate" a person for their loses. Maybe the easiest way to look at it is that you lost NOT having pain and suffering. Obviously, its hard to explain. But to answer your question, yes its covered under insurance policies just like actual medical bills.

I guess by now you realize you very much need to have a conversation with a Personal Injury lawyer.

Robert J. Johnston




Answered 9 years ago | Contributor

If the policy limit is $50,000.00, that is the maximum payout for the case including pain and suffering as well as medical bills, and loss of earnings.  Now, if you have an underinsurance policy on your auto insurance that is in excess of $50,000.00, then provided your case is worth more than $50,000.00, that part of your policy can be accessed.  It is strongly recommened that you have an attorney properly analyze your case.




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 AttorneyPages.com 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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