Your car was parked on main street someone hit it and insurance company totaled it out can you sue for mental and emotion stress even though you were not in car?

You can sue for anything, but why would you even consider filing such a frivolous lawsuit? If I were on a jury you would get nothing, and I would dare say, no jury or judge will award you one cent. You have no mental & emotional stress from your car being hit, when you weren't there. This is one of the things wrong with this country. People suing for any little thing.

No, you cannot sue for emotional stress. You would be laughed out of court. Ever watch Judge Judy? Take the money and focus on replacing your car, not frivolous lawsuits.