compensation for lost wages

[thebowman]

I live in Kentucky and I deliver pizzas at Pizza Hut on the weekends. My car is absolutely vital to my job, but it was totaled a month ago. A lady t-boned me in an intersection. She was at fault. Since I am only 19 years old, I was not allowed to rent a car since I don't have full coverage insurance. So, I was without transportation - Then I lost my job. I wasn't injured in the accident but since Allstate has drug the claim process out over a whole month I am unable to pay rent, bills, debts and living expenses . They initially told me that they would compensate me for transportation expenses after the accident but when I made the claim for 4 weeks of lost work, and about a hundred bucks in gas money to friends. Then, they denied me any compensation other than for the vehicle. Should I be compensated for lost wages?

 

[justalayman]

Your post is confusing. At one point you claim 4 week lost work and then you try to calim transportation expenses for those weeks which I'm presuming to be you had your friends run you around delivering pizzas. Correct me if I'm wrong.

 

[thebowman]

I haven't been to work since the accident. That doesn't mean I have to sit here on my thumbs, it was almost christmas and I was running around like a chicken with its head cut offdoing errands.

I claimed lost wages because they took wayyyyyyy too long getting the claim processed. It has been a month, 1/12th of a year, thats a long time to have no job. My stack of bills is like 2 feet high, and I just got screwed by her insurance company. I can't even buy books for this semester. Is there nothing I can do?

 

[shell007]

I haven't been to work since the accident. That doesn't mean I have to sit here on my thumbs, it was almost christmas and I was running around like a chicken with its head cut offdoing errands.

If you didn't have a vehicle to go to work, then how were you "running around" doing errands????

 

[thebowman]

If you didn't have a vehicle to go to work, then how were you "running around" doing errands????

When possible, I would throw $5 to a friend to take me to the mall, the bank, or wherever I needed to go. When I couldn't get a ride I would simply drive my wrecked car very slowly. Although I had to stop that when it started making sounds like the wheel was going to fall off.

To deliver Pizzas you must be employed at pizza hut and have a clean MVR (Motor Vehicle Record) checked by a manager before you can go on the road (since its a liability to pizza hut if something happened). Thus I couldn't have a friend go to work with me, although none of this would have happened if they rented me a car.

 

[shell007]

When possible, I would throw $5 to a friend to take me to the mall, the bank, or wherever I needed to go. When I couldn't get a ride I would simply drive my wrecked car very slowly. Although I had to stop that when it started making sounds like the wheel was going to fall off.

To deliver Pizzas you must be employed at pizza hut and have a clean MVR (Motor Vehicle Record) checked by a manager before you can go on the road (since its a liability to pizza hut if something happened). Thus I couldn't have a friend go to work with me, although none of this would have happened if they rented me a car.

Is your car totaled or not? (Just asking since you have stated that you are driving the car slowly!

Has the claim been now processed? If so...When?

Have they agreed to comepensate you for your property damage?

If you were not at fault...you are entitled to compensation, BUT only reasonable to the direct damages caused by the accident!

Not choosing to work because of being to busy "running errands" at Christmas IS NOT going to be a part of damages you can recover!

You ARE responsible for midigating the amount of damages as much as possible.

 

[thebowman]

Yes, the car is totaled. It was worth $2500, but the repairs would have cost twice that amount, so it was declared totaled. The engine wasn't damaged, only the body.

They took the car over a week ago, and I still have not seen a penny. The accident happened before Christmas. Although they say the check will come through this week.

I didn't choose not to work, I couldn't work. This was a direct result of the accident. The day she hit me, I wasn't able to work in such a damaged vehicle so I lost my job. Christmas errands have nothing to do with this.

I sent them a list of financial losses after the accident... the missed work, and the gas money I shelled out and they still denied compensation, after they said they would compensate for those kinds of expenses.

 

[MandyD]

OP, don't mind Shellandty's questions. She has a reading comprehension problem.

I think your problem came when you sent them a bill for gas money given to friends and family. That wouldn't be compensible. If you had your car, you'd still have to pay for gas to do your errands. KWIM. After that, they very well may have decided that you're yanking their chain and puffing up expenses. I'd suggest that you get a statement from your ex-employer stating exactly what wages you lost during this time and resubmit that. You might get lucky but don't count on it. Shellandty was right about one thing, you do have a duty to mitigate your damages.

 

[shell007]

Yes, the car is totaled. It was worth $2500, but the repairs would have cost twice that amount, so it was declared totaled. The engine wasn't damaged, only the body.

OK

They took the car over a week ago, and I still have not seen a penny. The accident happened before Christmas. Although they say the check will come through this week.

If you don't see the check by Friday...Call them Friday! In the mean time, start shopping around for another vehicle so that you are "ready to move ahead"

I didn't choose not to work, I couldn't work. This was a direct result of the accident. The day she hit me, I wasn't able to work in such a damaged vehicle so I lost my job.

Although I agree that you should be awarded some amount of compensation for this...I am not sure how Ins. Co.'s calculate this. Maybe because loss of work was not due to injury. They probably feel that they are not responsible for your lost wages because YOU chose to be a Pizza Delivery person. Stand by!

Christmas errands have nothing to do with this.

This is what you wrote earlier:

I haven't been to work since the accident. That doesn't mean I have to sit here on my thumbs, it was almost christmas and I was running around like a chicken with its head cut offdoing errands.

You could have been looking for another job in order to help mitigate damages.

I sent them a list of financial losses after the accident... the missed work, and the gas money I shelled out

You would have had to pay for gas...accident or no accident! As for the missed work, again...stand by!

and they still denied compensation, after they said they would compensate for those kinds of expenses.

Did you get anything in writting re: the exact expenses that they would cover. If not...it's he said - she said!

 

[shell007]

In addition: How much $$$ in lost wages were you asking for? Since you stated:

I live in Kentucky and I deliver pizzas at Pizza Hut on the weekends.

seems to me like the most you would be out is 8 days of work aprox. AT THE MOST!!!

How do you support yourself on 8 days of wages + tips from Pizza Hut?

Just curious!!!

 

[thebowman]

In addition: How much $$$ in lost wages were you asking for? Since you stated: seems to me like the most you would be out is 8 days of work aprox. AT THE MOST!!!

How do you support yourself on 8 days of wages + tips from Pizza Hut?

Just curious!!!

I make $7\hr and I can make over $100 in tips delivering pizza on a Friday night. Saturdays are better, I also work Sunday but its not as busy. I need the money to buy my books for school.

(I really appreciate your guys' responses)

 

[shell007]

I make $7\hr and I can make over $100 in tips delivering pizza on a Friday night. Saturdays are better, I also work Sunday but its not as busy. I need the money to buy my books for school.

(I really appreciate your guys' responses)

Well...good for you. $100.00 in tips p/night is good money!

I guess the only opinion/advice I have left is:
They (the ins.co.) is trying to settle on the low side, and you are probably asking for to much. Hopefully you'll end up meeting somewhere in the middle. Keep negotiating and welcome to Adulthood. It doesn't get any easier!!!

Good luck to you!