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Car accident, they re declared at fault lost wages

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Losingitfast

Guest
This is a complicated case but I will try to be brief.
I was hit from behind after slowing down for a turning vehicle in front of me as on a two lane road. I was in Nebraska and I was declared not at fault 100%. The person who hit me was in a large pickup pulling a very large carnival trailer. No brakes on the trailer (illegal) which likely made it impossible to stop quickly.
I am an pet courier meaning I deliver pets over the entire country. I basically am on the road all the time. At the time I had two dogs in kennels and they were fine. I was taken to emergency with a sore neck, cat scanned, and was told nothing broken. Just soft tissue strain.
I refused pain killers and relied on aspirin which took the pain down. I never asked for more medical care because I would likely just be offered strong pain killers which I refuse to take.
Here is my problem. My car was a total loss and I had to finish the two dog deliveries. I was given a rental and was able to finish planned deliveries. A week after the accident I was offered 1000 plus property damage. But after 3 weeks no paperwork which I was told was going in the mail the day they offered it. By that time I was losing income because I couldn't arrange any pets until I had a vehicle that was mine. I asked for another 1200 since each pet usually brings about $400 and I had to wait until I had a car to start arranging new transports. The adjuster just stuttered and sputtered about how I'd have to send in documentation and blah, blah. Fine. I could do that. She wouldn't budge.
The next day she called and said I only had the rental for a couple days meaning hurry up. I called the actual insurance company of the guy who hit me. He laughed and told me, well she said you were being difficult and we wanted to hurry things up.
I could not plan anymore pet transports and I had to tell regular customers I was out of commission for lack of a car. It rippled through the next three months, the busiest holiday months. I did get property settlement and a month after accident I had a car but no work since it generally takes about three weeks to set up a transport.
This is getting too long but bottom line, I sent documentation of my income and determined over four months I lost 9 pets at $400 each. So I asked for 3600 lost income. I was refused without even a partial offer.
I just want to get back what I lost and forget about this mess. Is court an option?
 


Zigner

Senior Member, Non-Attorney
What did you do to mitigate (deal with) the problem? Did you rent a vehicle? Have you purchased a new car?
 
L

Losingitfast

Guest
What did you do to mitigate (deal with) the problem? Did you rent a vehicle? Have you purchased a new car?
The day I got the property settlement I drove hundreds of miles to buy a car I found online and had to borrow from a friend the deposit so it wouldn't be gone when I got there. I got a rental two days after the accident but was told I was going to lose it before I even got the property settlement.
 

Zigner

Senior Member, Non-Attorney
The day I got the property settlement I drove hundreds of miles to buy a car I found online and had to borrow from a friend the deposit so it wouldn't be gone when I got there.
Did they pay for a rental up until that point?
And, why did you have to borrow money for the deposit if you had the property settlement?
 

Zigner

Senior Member, Non-Attorney
Most importantly, how do you intend to prove that you definitely would have transported 9 animals in that period of time?
 
L

Losingitfast

Guest
Did they pay for a rental up until that point?
And, why did you have to borrow money for the deposit if you had the property settlement?
The insurance company was on the rental agreement for three weeks. I was waiting for settlement papers that hadn't yet come. Since it took so long I was losing money and asked for loss of income. I was told then I would only have the rental for a couple more days. So I assumed I would have to surrender the car before I even had a settlement in hand. The rental company even said I'd be responsible for rental in a couple days. I found a car online before I had the settlement money so needed deposit. When I finally got the car and took rental back the next week I was still being told I owned for last week by rental company and i simply said i wasn't paying it. Eventually insurance paid it.
 

Zigner

Senior Member, Non-Attorney
The insurance company was on the rental agreement for three weeks. I was waiting for settlement papers that hadn't yet come. Since it took so long I was losing money and asked for loss of income. I was told then I would only have the rental for a couple more days. So I assumed I would have to surrender the car before I even had a settlement in hand. The rental company even said I'd be responsible for rental in a couple days. I found a car online before I had the settlement money so needed deposit. When I finally got the car and took rental back the next week I was still being told I owned for last week by rental company and i simply said i wasn't paying it. Eventually insurance paid it.
Then I don't understand why you have any "lost wages" - you had a rental car, then you had a car. It sounds to me like you aren't out anything to speak of.
 

zddoodah

Active Member
Is court an option?
Of course it is. Your biggest problem is that you apparently failed to take reasonable measures to mitigate your damages. Actually, I don't entirely understand your follow up post. If a car is damaged in an accident and is deemed a total loss, the at-fault party (and by extension, his/her/its insurer) is not going to pay for a rental car indefinitely. Once the total loss determination is made, it's up to you to obtain a new vehicle. You might be able to obtain compensation for a couple deliveries lost after the insurer stopped paying for a rental car (although you could have continued to pay for it), but you're certainly not going to get compensation for three months worth of deliveries. I can't tell what the time gap is between when the insurer stopped paying for the rental car and when you bought the new car.
 
L

Losingitfast

Guest
Most importantly, how do you intend to prove that you definitely would have transported 9 animals in that period of time?
I have my income payment transactions for all pet transports which were done through Paypal and it is clear they dropped in October, November, and December. In addition private transports...meaning people who are my regular customers literally dropped to nearly nothing. I had to go online and find low paying transports just to survive. Private vs. website arranged transports are distinguished in income statements
 
L

Losingitfast

Guest
Why couldn't you use the rental car? and/or Why would you accept a rental car that couldn't do what your car could?
The insurance company threatened to stop my rental before I even had settlement papers. I was fine with property damage settlement. But not knowing if I would have the rental much longer, I couldn't plan for other transports. I didn't know if I'd have the rental to do them and at that time didn't have any idea when I'd get a car. I was looking online so what else could I do? As soon as I got the car, I was now able to plan transports which I should have been doing much earlier but didn't know when I'd have a car. I immediately bought one as soon as I got settlement one month after accident. So you see, I did everything I could possibly do.
 
L

Losingitfast

Guest
Of course it is. Your biggest problem is that you apparently failed to take reasonable measures to mitigate your damages. Actually, I don't entirely understand your follow up post. If a car is damaged in an accident and is deemed a total loss, the at-fault party (and by extension, his/her/its insurer) is not going to pay for a rental car indefinitely. Once the total loss determination is made, it's up to you to obtain a new vehicle. You might be able to obtain compensation for a couple deliveries lost after the insurer stopped paying for a rental car (although you could have continued to pay for it), but you're certainly not going to get compensation for three months worth of deliveries. I can't tell what the time gap is between when the insurer stopped paying for the rental car and when you bought the new car.
You know they would pay but both the insurance company and the rental business said no. I don't understand these things. My ignorance of insurance is equal to your ignorance of pet transporting. I didn't ask for three months of income. I only asked for 9 lost shipments which is reasonable.
 

Zigner

Senior Member, Non-Attorney
You had a rental vehicle the entire time, and then you got a car. You chose to borrow some money for the deposit, but I'm sure you paid that back once you got your settlement, so that's a non-issue. You chose to cancel and/or not book transports during the time that you still had a vehicle, and that's on you.
 
L

Losingitfast

Guest
Why couldn't you use the rental car? and/or Why would you accept a rental car that couldn't do what your car could?
You had a rental vehicle the entire time, and then you got a car. You chose to borrow some money for the deposit, but I'm sure you paid that back once you got your settlement, so that's a non-issue. You chose to cancel and/or not book transports during the time that you still had a vehicle, and that's on you.
No, I was carrying cargo and that was not allowed by rental company. I immediately started arranging transports the day I got the car. But I can't just pull them out of the air the day I got the car. I had to find them which is what I couldn't do after the accident. No the car settlement just paid for car.
 

Zigner

Senior Member, Non-Attorney
No, I was carrying cargo and that was not allowed by rental company. I immediately started arranging transports the day I got the car. But I can't just pull them out of the air the day I got the car. I had to find them which is what I couldn't do after the accident. No the car settlement just paid for car.
Then you should have insisted on a rental that does allow it.
 

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