Is emotional distress a legit reason to sue?
Alabama Jul 27, 2026
Location: Alabama Context: I was rear ended 2.5 weeks ago, 7/9. The guy who hit me took accountability immediately (including on body cam) and filed a claim through his insurance (State Farm) before leaving the scene. State Farm took 100% liability, and said they’d cover everything. I ended up needing a rental, and I picked it up that day. The initial paperwork from Enterprise said State Farm agreed to pay at least until 8/2 or until I got my car back. However, State Farm stopped paying 7/13 and I was stuck with the bill because 1- State Farm wasn’t answering the phone and 2- I need a car for work. I literally didn’t have a choice. I wasn’t told they stopped paying til 7/15 when Enterprise called and said I had a balance. Additionally, no one told me I had to turn the vehicle in 7 days after the end of the contract. I was told I still had it til 8/2. So on 7/21, Enterprise called wondering why I hadn’t turned the vehicle in. Again, I wasn’t told I had to even after I asked. I ended up having to start a new contract because State Farm still wasn’t answering, so I couldn’t get them to start paying like they said they would. So again, I was stuck with another bill State Farm was supposed to pay. On 7/24, State Farm said my vehicle was totaled. They didn’t tell the repair shop nor did they tell me. I only found out because I called and badgered them for the info. The repair shop found out because I told them. According to my attorney, they’re only offering ~$20k. My car was a 1.5 year old 2025 model, ~30k miles, and no damage aside from a scrape on the front end that was my fault. It was in great condition, completely paid off, and the original value was ~$26k. $20k is an insult imo; it doesn’t cover my car, my medical bills, or the rental. I barely make enough to cover the rental on top of all my other bills. I’m also about to be deployed to a combat zone for a year and in the middle of moving apartments. I’m going to AT for 3 weeks on Saturday so I’ll be without my phone for most of it. I need a car to get to my unit and as of right now, I have no reliable transportation. Additionally, because of the wreck, I was temporarily considered to be non-deployable because it messed my shoulder up for a bit. That was a lot more paperwork and BS I had to deal with. Needless to say, I’m already stressed enough without this insurance/car issue. I’ve started losing hair and breaking out and not being able to sleep or eat properly because of the added stress. I don’t have any actual documentation of the mental distress, but I feel like any reasonable person would understand how this would cause a lot of extra stress. I’m aware that “emotional distress/pain and suffering” are legit legal reasons, but I wanna know if it’s a pansy, weak reason or excuse people use to get money. I just want State Farm to pay me what they owe, like they initially agreed to. I kinda feel like I’m being over dramatic, but after the BS they’ve put me through the last few weeks, I think they owe me a bit more than $20k. Advice?
