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  #1  
Old 05-11-2009, 07:14 PM
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Hit and Run -- "Lost Time" charges


A woman in Los Angeles knowingly hit my parked car 6 months ago and left the scene of the accident because she didn't have insurance. My insurance covered the majority of the damages under my uninsured motorist coverage, but there were some items not covered (i.e. rental car, rental car insurance, police report.)

The police found the woman responsible for the accident, and she's offered to pay any out of pocket costs I've incurred. I sent her a bill for $600, of which $160 was actual out-of-pocket expenses related to the accident. The other $440 is what I considered a fair charge for my lost time (i.e. missing work, hours spent on the phone with insurance co's, police, etc). The woman received a public defender, who's now asking me for receipts. I've already waited six months to get paid, and I have a feeling the public defender will contest my "lost time" fees. Am I legally allowed to charge someone for "lost time"? And, should I provide the public defender with this information without consulting a lawyer?

I should add that, the woman responsible for this accident is being held on criminal charges, which is why she has a PD. The defendant is trying to get me to sign a piece of paper to exonerate her from criminal prosecution. Though I obviously haven't expressed this to her, I have no intention of letting her get off scott-free, regardless of whether she pays for my damages. I'm afraid that she'd hit a child and drive off, simply because she doesn't have insurance.

Can anyone offer me some advice?
  #2  
Old 05-11-2009, 09:08 PM
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Quote:
missing work,
Was this your choice or did the accident incapacitate you in a manner that prevented you from going to work?

Quote:
hours spent on the phone with insurance co's, police, etc).
Unless you were normally paid to do this, no.

At this time you are only entitled to you your actual out of pocket expenses.
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  #3  
Old 05-11-2009, 09:35 PM
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The accident didn't incapacitate me, because I wasn't in the vehicle. However, I had to deal with the insurance company, police, and body shop during the day, during normal business hours. This forced me to miss time at work, which I feel should be covered by the defendant.
  #4  
Old 05-11-2009, 10:01 PM
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Originally Posted by Carterman32 View Post
The accident didn't incapacitate me, because I wasn't in the vehicle. However, I had to deal with the insurance company, police, and body shop during the day, during normal business hours. This forced me to miss time at work, which I feel should be covered by the defendant.
Non-compensable time.
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  #5  
Old 05-11-2009, 10:59 PM
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You are owed money for your actual, documentable losses. Not your annoyance and inconvenience. That is not compensable. You get back what you actually paid for the rental car. Annoyance is part of life, you don't get paid for that.
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