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Car accident no injury lost wages

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jadasb

Member
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.
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.
 


jadasb

Member
Actually Red didn't insult you so much as the choice you made.
Your friend Red indirectly insulted me and my economic limitations. I don't need anymore aggravation. I need solutions to the current problem. If Red wants to lend me his time machine so I can travel back in time then that would be more constructive than making comments that don't apply to finding a solution to a current situation. Let's move forward now.
 
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HighwayMan

Super Secret Senior Member
So what's the estimate on the car repairs???

I figure your car is probably worth $2-3k tops. I can't believe it's not totaled.
 
You have a duty to mitigate your damages. You should have told the carrier it has not been driveable since day one and put more pressure on them. It may sound disrespectful, but it is also true that you are at the mercy of another insurance company if you do not have first party coverage for your vehicle (collision). Also, you mention they are doing an "external" estimate, but also mention gear and stalling issues. Your car is clearly unsafe to drive, and the insurance carrier should have been notified of that (though they can try to argue against that). Unfortunately, insurance companies need to take statements of their insureds/drivers and get their version of the facts. They have duties to their own policyholders and have to abide by laws as well. They cannot simply accept or deny liability right away. They first need to see if there is valid coverage and then move on to making liability decisions. Sometimes this takes time.

You should have sought an attorney right away. Although it is not a guarentee they would take you case, they may have at least been able to advise you. If they took the case, they would let the carrier know right away that your car is not driveable and that you are losing money everyday. It is, of course, not as easy that, especially with a case like yours that sounds like the damages are pretty minimal. The insurance company will argue that you have a duty to mitigate, but that is where an attorney comes in. Next time get better insurance (not being a dik here) and call an attorney as soon possible.
 

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