Car accident no injury lost wages

[jadasb]

Hi, my car was hit on 07/15/2019 (Massachusetts) in a parking lot, front bumper. The hit was caught on surveillance camera and it's been confirmed that the other person is at fault. At first the other person tried to deny she was at fault but the video proved that she was at fault, backed right into my car, front drivers side and center.

It's been a month since I was hit. The Progressive appraiser is finally coming out tomorrow to appraise damage (only external).

Since getting hit the car has been unreliable. It's a delicate old car 2008 hatchback. After the impact I noticed the car rolls forward when in park (broken parking pawl possible). Next the stalling and gear shifting problems made it difficult for me to work. I work for Lyft as a ride share driver. I needed a safe car to drive customers, to drive my kid to daycare, etc. I'm in a somewhat rural location with no public transportation.

Also, the car won't pass inspection. The high beams are off center and loose. A mechanic told me it could cost $20-$200 to fix the lights for inspection to pass. Also, my AC stopped working.

So far I have not been able to work for Lyft for 168 hours with an average earning of $18-$20 an hour. However, my income records before weren't consistent since my kid was sick I stayed home a lot the weeks before getting hit. I do have some record of what I make an hour if full time when my child is in daycare full time.

My main question is can I claim lost wages without injury? The lost wages and repairs expenses are more than what the car is worth. Any advice is appreciated. I don't know how any of this works. I just don't want to get ripped off by the insurance agency. I'm at such a great loss since my car got hit a month ago.

 

[not2cleverRed]

Is there a reason you waited a MONTH to get an appraisal?

Frankly, I don't see why you should have a valid claim for lost wages if you've waited this long to have someone check it out for damages - you've done nothing to mitigate your damages, and might have caused more damage by continuing to drive the car.

 

[Taxing Matters]

Can I claim lost wages without injury?

Yes. Although in your case it is not lost wages because you are probably treated as an independent contractor. But you are entitled to the lost net income you'd have had. The problem is proving what amount of income you would have earned these past several weeks. You might end up with less than you hope if your recent earnings have been low. Note that since there was no personal injury here any amount of lost income you do get from this will be taxable income to you.

The lost wages and repairs expenses are more than what the car is worth. Any advice is appreciated.

As for the car, all you are entitled to get is the lesser of either (1) what the car was worth the moment before it was it or (2) what it would cost to repair it back to the condition it was before it was hit.

 

[jadasb]

Is there a reason you waited a MONTH to get an appraisal?

Frankly, I don't see why you should have a valid claim for lost wages if you've waited this long to have someone check it out for damages - you've done nothing to mitigate your damages, and might have caused more damage by continuing to drive the car.

It took so long because the girl who hit me wasn't returning their calls for weeks (2 week process). Then they had to get a summary from the store about the surveillance camera video (week 3). Which proved that the other person was at fault, not me. Then after I yelled at them a lot they gave me a new insurance adjuster because the first one was out of work for days and not returning my calls (that was week 3/4). Then they had to schedule someone to come out to me because I can't drive the car 30 miles to their nearest appraisal location. It's been so stressful! I did my part to move things along since day one. The waiting wasn't my fault. They told me they couldn't appraise it until they could confirm who was at fault and they took too long to determine that. I was calling the insurance company nearly every day telling them to hurry it up! I have bills to pay. I need to work.

 

[HighwayMan]

What kind of car is it that you would describe it as "delicate"?

 

[adjusterjack]

I need to work.

Red is right. You needed to mitigate your losses by getting another car that you could use for work. The insurance company isn't going to pay you for month after month of sitting on your tushie.

 

[jadasb]

Red is right. You needed to mitigate your losses by getting another car that you could use for work. The insurance company isn't going to pay you for month after month of sitting on your tushie.

That doesn't make sense. I had no income to get another car. They wouldn't give me a rental until they appraise it. I had to wait for them to make arrangements to appraise it. Again my car is my income. I drive for Lyft for work. I was calling the insurance company everyday. I would of gotten a rental car myself but that cost money and I didn't have money because I lost my incone when my car got hit. I did everything I could do and none of this was my fault. If that girl didn't hit me then I could of gone on with my life. I would of been working. Your response is rude and it implies that I just wanted to sit around and not work. That''s not true. I was calling the insurance company every day demanding answers and got nothing. I asked for a rental car and they said no, not yet. I listed my car for sale and I got nothing. I couldn't work or drive anywhere. I wanted to work but there was no way. I had no money for transportation anywhere. I live in rural area with

 

[Just Blue]

What kind of car is it that you would describe it as "delicate"?

https://www.bing.com/images/search?view=detailV2&ccid=Dy+usDeI&id=950B88FA7CA703600CE70A8C3B8B1F948E931864&thid=OIP.Dy-usDeIAr8RbzdUxkXKOgHaFN&mediaurl=http://lowres-picturecabinet.com.s3-eu-west-1.amazonaws.com/43/main/21/99976.jpg&exph=301&expw=428&q=open+air+carriages+from+the+17th+century&simid=608045915019152658&selectedIndex=6&qpvt=open+air+carriages+from+the+17th+century&ajaxhist=0

 

[jadasb]

What kind of car is it that you would describe it as "delicate"?

It's a 2008 Mazda 3. It's an old car with old parts. It's nearly a 12 year old mazda. Extreme weather and rusty part's are common here in Massachusetts. A body shop told me that the impact could of caused a lot of damage under the bumper or to other parts due to the cars age.

 

[ShyCat]

It is unfortunate that you didn't go through your insurance company with a collision/comprehensive policy that included rental car reimbursement. Then you wouldn't be at the mercy of the other driver's insurance company whose job it is to protect their client, not you. I prefer to do it that way, and let the insurance companies deal with each other.

As a side note, I'm surprised Lyft allows the use of old, rusty cars.

 

[jadasb]

It is unfortunate that you didn't go through your insurance company with a collision/comprehensive policy that included rental car reimbursement. Then you wouldn't be at the mercy of the other driver's insurance company whose job it is to protect their client, not you. I prefer to do it that way, and let the insurance companies deal with each other.

As a side note, I'm surprised Lyft allows the use of old, rusty cars.

Are you even a lawyer? Lyft and Uber both have a restriction on what year car is eligible to work for them. My 2008 car is in the acceptable range. It's not completely covered in rust. The car is fine but when someone crashes into me sure there's going to be some damage inevitably as with any car, just more-so with an older car.

I have a right to choose which insurance I want and what I can afford. I didn't choose collision. I'm at no fault therefore there's nothing wrong with having the other person's insurance cover it.

The accident is on video with the other person hitting me. They have no choice but to cover the damages. Any insurance company is going to follow the law rather than break the law to protect it's customer. All I'm asking is if there are any laws or regulations that can protect me and help me recoup the losses from missed wages. I believe an actual lawyer already gave me that answer in this thread.

 

[Just Blue]

Are you even a lawyer? Lyft and Uber both have a restriction on what year car is eligible to work for them. My car is in the acceptable range. It's not completely covered in rust. The car is fine but when someone crashes into me sure there's going to be some damage inevitably as with any car, just more-so with an older car.

I have a right to choose which insurance I want and what I can afford. I didn't choose collision. I'm at no fault therefore there's nothing wrong with having the other person's insurance cover it.

The accident is on video with the other person hitting me. They have no choice but to cover the damages. Any insurance company is going to follow the law rather than bend the law protects it's customer.

Please read the terms of service, located at the bottom of this page. Thank You.

 

[jadasb]

Yes. Although in your case it is not lost wages because you are probably treated as an independent contractor. But you are entitled to the lost net income you'd have had. The problem is proving what amount of income you would have earned these past several weeks. You might end up with less than you hope if your recent earnings have been low. Note that since there was no personal injury here any amount of lost income you do get from this will be taxable income to you.



As for the car, all you are entitled to get is the lesser of either (1) what the car was worth the moment before it was it or (2) what it would cost to repair it back to the condition it was before it was hit.

Thank you so much for this constructive reply. It really helps me figure out what I can do in the next steps.

 

[jadasb]

Please read the terms of service, located at the bottom of this page. Thank You.

I did read them. So this is just a publishing website and may not be entirely reliable for legal advice. Thanks.

 

[not2cleverRed]

Are you even a lawyer? Lyft and Uber both have a restriction on what year car is eligible to work for them. My car is in the acceptable range. It's not completely covered in rust. The car is fine but when someone crashes into me sure there's going to be some damage inevitably as with any car, just more-so with an older car.

I have a right to choose which insurance I want and what I can afford. I didn't choose collision. I'm at no fault therefore there's nothing wrong with having the other person's insurance cover it.

The accident is on video with the other person hitting me. They have no choice but to cover the damages. Any insurance company is going to follow the law rather than break the law to protect it's customer. All I'm asking is if there are any laws or regulations that can protect me and help me recoup the losses from missed wages. I believe an actual lawyer already gave me that answer in this thread.

That's a really stupid choice, if your car is your livelihood.