Can you collect pain suffering if rear ended but both have the same insurance carrier?

Answer

You can collect pain and suffering compensation regardless of which insurance carriers are involved, or if no insurance company is involved. The insurance carrier treats each policy individually and won't punish you because you carry the same policy as the other party involved.

However, being awarded pain and suffering is much more difficult than many people realize. This is, by far, one of the most frequented areas of the law for people "trying to make a buck" and the courts are aware of this. You'd have to show sustained and verifiable evidence that you suffered trauma in excess of what normally be expected by an average rear-end accident.

Answer

Also, to collect award, the pain and suffering must be a permanent physical or psychological impairment....

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