Insurance company is required to pay for actual damages. This means putting you back to where you were before the accident, not hitting the lottery to get something for nothing. There is no pain and suffering amounts.
yes but not yours the other parties
You can sue your insurance company for a higher amount but there is no guarantee that you will win. You will need to have proof and be convincing that you deserve more money for the pain and suffering.
No. Pain and suffering of yourself is not a liability, as this only covers damages to property that may be caused (e.g. to replace the tree you hit) or if someone else sues you for what happened. You would need a personal cover or health insurance.
A settlement is usually split into two parts, recovery of damages sustained, and pain/suffering (putative). For recovery of costs, the settlement is not taxed. For pain/suffering it is taxed.
Did you locate the culprit? How much uninsured motorist insurance did you have? You have to find someone to sue.
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. Also, to collect award, the pain and suffering must be a permanent physical or psychological impairment....
There are no set laws or pricing metrics for pain and suffering in California. A jury or judge looks at all the facts, and sets an amount based on their own individual judgment of a pain and suffering case in California.
Jesus was fully human in his ability to feel physical pain and suffering. The eyewitness accounts indicate that He was suffering much.
It depends. Contact your insurance provider for clarification of the policy terms/limits.
You would need to sue the other party in the accident and not the insurance company itself. It was the other party that caused your injuries and not the carrier.
Not in most states. The other person who was at fault's insurance will pay for your injuries as well as damage to your vehicle and property.
State laws on the recovery of damages for pain and suffering vary greatly. In lieu of a lawsuit, I recommend mediation (I happen to be a certified mediator--doesn't work with insurance companies) or arbitration (which can be binding or non-binding). However, a lawsuit will likely be the only way you will be able to collect pain and suffering if you are battling an insurance company. A personal injury lawyer in your area can give a free consultation (see the yellow pages) and inform you of your state's laws on damages for pain and suffering, as well as any alternative dispute resolution forums in your area.