Do I get nothing out of my accident?
Question Details: I was in an accident for which I was not at fault and my car was totaled. The insurance company is telling me that I would still owe $200 on my loan. No one was hurt but my kids had a hard time that first week because they didn't want to get in the car. I lost some time from work. Now I have no car or money to down on one. I'm going lose my job if I can't get something out of this.
- Auto Accidents
- Child Custody, Support, Adoption
- Collections and Debt
- Consumer and Lemon Law
- Criminal Defense
- DUI / DWI
- Divorce, Marriage, Alimony
If there was another vehicle involved whose driver was at fault, you can sue that driver and/or car's owner (if the owner and driver are not the same person) for any amounts not paid or covered by insurance, such as for your deductible (if your own insurer wil otherwisel pay for your car), for towing, for lost wages for a reasonable time due to not being able to get to work due to the accident, etc. You can only sue for provable losses or costs--that's one limitation; another limitation is that that the cost must be reasonably foreseeable as a result of the accident, which in essence means it was a normal or common loss or cost, and while missing some work is natural, losing a job is not common or foreseeable (most people do not lose their jobs due to an accident or even having their car totalled). And a third issue is you have to sue for the money, which even in small claims court will take weeks or longer--there is no way to get it faster than by a lawsuit.