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Lost wages/non-injury auto accident?

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JimboFromLimbo

Junior Member
One Thursday a couple of weeks ago, my girlfriend was driving my minivan to work and was stopped in traffic. The guy behind her didn't stop and rear-ended her. This damaged my minivan, the back hatch would not shut properly, but it was still drivable. It is our only vehicle other than my motorcycle. I had to go get her at the accident, then take my van back home, deal with my insurance company, their insurance company, go through a list of body shops to try to find somebody to take the vehicle because their insurance would not cover a rental until mine was actually in the shop. I use the rest of the Thursday and most of that Friday getting all this done and getting a rental, which I absolutely had to do since we were leaving the following day. This cost me two days of work, and also cost me my perfect attendance bonus at work which totals about $500 I lost out of my pocket. Could I take the driver of the other car or the owner to small claims court to try to get back some of the wages I lost? I had no other choice than to take this time off, I absolutely had to have a vehicle.
 


Zigner

Senior Member, Non-Attorney
One Thursday a couple of weeks ago, my girlfriend was driving my minivan to work and was stopped in traffic. The guy behind her didn't stop and rear-ended her. This damaged my minivan, the back hatch would not shut properly, but it was still drivable. It is our only vehicle other than my motorcycle. I had to go get her at the accident, then take my van back home, deal with my insurance company, their insurance company, go through a list of body shops to try to find somebody to take the vehicle because their insurance would not cover a rental until mine was actually in the shop. I use the rest of the Thursday and most of that Friday getting all this done and getting a rental, which I absolutely had to do since we were leaving the following day. This cost me two days of work, and also cost me my perfect attendance bonus at work which totals about $500 I lost out of my pocket. Could I take the driver of the other car or the owner to small claims court to try to get back some of the wages I lost? I had no other choice than to take this time off, I absolutely had to have a vehicle.
What US state?

How did you get the car home? Oh yeah, it was drivable.
 

JimboFromLimbo

Junior Member
It takes me a couple hours, tops, to rent a car.

No, your lost time for running around is not compensable.
Yes, but I could not get the insurance company to cover the rental until I had my car accepted by the shop, as I stated.
This is not time spent "running around". as you put it, but negotiation with their insurance company to get my car in the shop in less than a couple of weeks. They finally deemed it not drivable and took it the second day.
 
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JimboFromLimbo

Junior Member
What US state?

How did you get the car home? Oh yeah, it was drivable.
Don't be snippy.
It is technically possible to drive a car that has no headlights, too. It doesn't mean you should, if you have any sense. Would you want to go on a multi-thousand mile trip with a van that the back hatch is not securely shut?
After a few go-arounds with their insurance company, they deemed it NON-drivable, because the back hatch was not secure. All this took the time I mentioned.
 
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Just Blue

Senior Member
Don't be snippy.
It is technically possible to drive a car that has no headlights, too. It doesn't mean you should, if you have any sense. Would you want to go on a multi-thousand mile trip with a van that the back hatch is not securely shut?
After a few go-arounds with their insurance company, they deemed it NON-drivable, because the back hatch was not secure. All this took the time I mentioned.
What US State?
 

justalayman

Senior Member
Yes, but I could not get the insurance company to cover the rental until I had my car accepted by the shop, as I stated.
This is not time spent "running around". as you put it, but negotiation with their insurance company to get my car in the shop in less than a couple of weeks. They finally deemed it not drivable and took it the second day.
Either insurance company not paying for it is not an excuse for not obtaining a rental. You do have an obligation to mitigate your damages. You didn’t.
 

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