Originally Posted by
Mitsu3000gt
You said it affected you negatively in some of your normal activities for ~5 months, and you will not be able to get the same value for your car when you sell it now that it has a claim against it - absolutely I would try get the money. It's their insurance that will pay, not them personally. It's capped for a reason - because it's fairly easy to get and hard to prove.
I rear ended a giant truck with a huge steel bumper at less than 5km/h before, literally zero damage to his vehicle, ~$9K damage to my S4 at the time (mostly headlight assemblies which were ~$3k Each). He was 100% fine and was more concerned about the damage to MY car than I was. A year or more later I got a call from my insurance company saying he was trying to sue for injuries, and they just wanted my recollection of events - nothing ever came of it that I know of, but they don't tell you regardless. Can't blame him for trying, I hope he got something personally.