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  1. #1
    Join Date
    Dec 2013
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    Default Lost Wages Due to Auto Accident

    My question involves an accident that occurred in the state of: Texas.

    I was in an auto accident and I was not at fault. I was not injured. The other person's insurance has finally claimed liability. The problem for me is that my car is incapacitated from the wreck. I just started the job (the accident happened on the 4th day of the new job). Because the job was brand new and I had been out of work for the month prior I could not afford a rental nor find any other means of getting to work as it is a lengthy drive. By the end of this week I will have been out of work for 15 work days. I still have the job as of now. I requested a rental multiple times from their insurance but because their insured was playing games by avoiding contact they kept saying there was nothing they could do. Now they have finally assumed liability. Basically I said all of that to ask this: do I have a case for lost wages? I realize that this usually pertains to injuries but my hardship is no less valid due to their insured's actions.

    I've tried scouring the internet but pretty much everything I find just pertains to personal injury so I'm hoping that you fine folks will be able to better assist me.

    Have a Merry Christmas!

  2. #2
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    Mar 2013
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    Default Re: Lost Wages Due to Auto Accident

    Quote Quoting RogueBarron
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    do I have a case for lost wages?
    Sorry, but your lost wages occurred because of your inability to pay for a rental car and not because of the accident. I know you don't see it that way but that's how the legal stuff works.

    As for the delay by the other driver's insurance company what you have to understand is that that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much.

    You could have bought your own collision coverage that included rental reimbursement on your own policy and you would have had a rental from day one.

  3. #3
    Join Date
    Dec 2013
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    2

    Default Re: Lost Wages Due to Auto Accident

    Quote Quoting adjusterjack
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    Sorry, but your lost wages occurred because of your inability to pay for a rental car and not because of the accident. I know you don't see it that way but that's how the legal stuff works.

    As for the delay by the other driver's insurance company what you have to understand is that that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much.

    You could have bought your own collision coverage that included rental reimbursement on your own policy and you would have had a rental from day one.
    Thanks for the quick response adjusterjack.

    I understand everything you said but could I likewise not argue that my lost wages occurred because of their insured? Had he not disabled my vehicle with his actions (which his insurance company now accepts liability for) I would not have need of a rental car nor would I have lost any wages. My inability only exists because of his actions, in essence. If I was at fault and my car was disabled then I would certainly expect no restitution but that was not the case. I'm only looking to argue it with the claims adjuster at this point, not a court of law.

    I suspect that your rebuttal will again be the collision coverage bit, just thought I'd see if you thought it had any viability to arguing it with an adjuster.

    Thanks again for the quick, thought-out response. I should have done this earlier instead of spending an hour trying Google searches that led me nowhere.

  4. #4
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    Mar 2013
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    Default Re: Lost Wages Due to Auto Accident

    Quote Quoting RogueBarron
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    I understand everything you said but could I likewise not argue that my lost wages occurred because of their insured? Had he not disabled my vehicle with his actions (which his insurance company now accepts liability for) I would not have need of a rental car nor would I have lost any wages. My inability only exists because of his actions, in essence.
    Negligence law doesn't work that way. It words on the concept of proximate cause.

    "Proximate cause relates to the scope of a defendantís responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through his or her actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendantís actions were the proximate cause of the plaintiffís damages. In the example described above, the child injured by the bag of grain would prove proximate cause by showing that the defendant could have foreseen the harm that would have resulted from the bag striking the child. Conversely, if the harm is something more remote to the defendantís act, then the plaintiff will be less likely to prove this element. Assume that when the child is struck with the bag of grain, the childís bicycle on which he was riding is damaged. Three days later, the child and his father drive to a shop to have the bicycle fixed. On their way to the shop, the father and son are struck by another car. Although the harm to the child and the damage to the bicycle may be within the scope of the harm that the defendant risked by his actions, the defendant probably could not have foreseen that the father and son would be injured three days later on their way to having the bicycle repaired. Hence, the father and son could not prove proximate causation."

    Above quoted from:

    http://negligence.uslegal.com/elemen...oximate-cause/

    And is one of many reasonably accurate definitions and examples you'll find just by googling proximate cause.

    Your inability to pay for a rental car was the reason you missed work, not the accident.

    Quote Quoting RogueBarron
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    If I was at fault and my car was disabled then I would certainly expect no restitution.
    Exactly. That your car was disabled would not have been the proximate cause of you missing work. It would still have been your inability to pay for a rental car or find other means of transportation.

    Quote Quoting RogueBarron
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    just thought I'd see if you thought it had any viability to arguing it with an adjuster.
    Probably not.

    But there's no harm in trying your argument out on the adjuster.

    You'll, at least, likely get a rental while your car is in the repair shop.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Lost Wages Due to Auto Accident

    Do some web searches. You may find your county has some Essential Transportation services.

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,661

    Default Re: Lost Wages Due to Auto Accident

    This is a great case of "why you should properly insure yourself".
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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