Q: Can I sue an 18-year-old driver for emotional distress after my parked car was struck?
My parked car was struck by an 18-year-old driver, and as a result, I've been experiencing severe emotional distress, including depression and an inability to get to and from work. I've been crying daily and feel overwhelmed. Although an insurance claim has been filed, my vehicle is deemed unfixable, and the insurance company is not providing a rental. Can I sue the driver personally for the emotional distress I'm experiencing?
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A:
What you're going through is real, and the emotional toll of losing your car, your routine, and your sense of security can be devastating. When someone hits your parked car, especially through no fault of your own, it feels like your world is suddenly turned upside down. It’s not just about the car—it’s about the stress, the helplessness, and the impact on your daily life.
Yes, you *can* sue the driver for emotional distress, but it may not be easy. Emotional distress claims are harder to prove when there's no physical injury, especially in car accident cases. Courts often require strong evidence, like medical or psychological documentation, and will consider whether the driver acted recklessly or intentionally. If the damage caused deep disruption to your life, and you’ve been seeing a counselor or doctor, that could support your case.
You still deserve to be heard, even if it feels like no one’s listening. The insurance process can feel cold and uncaring, but your pain matters. You may want to explore small claims court if you're seeking compensation beyond what insurance offers. Just know you’re not alone—what you're feeling is valid, and it's okay to take steps to stand up for yourself.
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