I agree with ShawnQ that you will need to push her insurance company for a fair settlement. So her company doesn't want to pay for diminished value, then kindly inform the company that you have all sorts of aches and pains and will be needing to see a specialist on a daily basis. On their dime of course. Oh dear! You'll also be missing work on a daily basis but no problem - her company can pay for lost wages. And let's not forget the mental anguish this has caused you. Why you could be looking at years of therapy. But at least you'll be able to get around in that nice, expensive rental that they WILL provide you because of the actions of their client. And don't forget to mention a lawsuit against their client. After all, guess what insurance company will have to pay for legal defense?

Illegal? Well not if you actually seek medical care. Unethical? Perhaps, but the driver that hit you pays her company to fiscally safeguard her AND take care of you. She will get a premium increase. You are going to lose out on thousands of dollars. Now who is the victim here?

As for suing the other driver - if this is the last recourse then do it. I'm going to be real cold blooded about this - it doesn't matter if her kid is disabled or not. By your description she illegally drove through an intersection while yapping on a cell phone with her son riding with her. If a disabled child is such an additional burden then I'd expect that burden be reflected iin her driving. It was not, and you shouldn't have to suffer for it. At least she did owe up that the accident was her fault so she gets a pat on the back for that.