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05-11-2009, 07:14 PM
| | Junior Member | | Join Date: May 2009
Posts: 5
| | | 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? | 
05-11-2009, 09:08 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,066
| | 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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05-11-2009, 09:35 PM
| | Junior Member | | Join Date: May 2009
Posts: 5
| | | 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. | 
05-11-2009, 10:01 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,169
| | Quote:
Originally Posted by Carterman32 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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05-11-2009, 10:59 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,803
| | | 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.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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