What kind of reimbursement to expect for a car accident with no injuries?
Question Details: My vehicle was involved in an accident; I was not in the car. The at-fault party's insurance company is telling me that they don't make payouts for loss of work. Also, it took 2 weeks for them to get me into a rental vehicle, plus there was the inconvenience/stress/suffering, dealer fees and costs associated with needing to purchase a new vehicle. The car was a total loss. This does not seem right to me but perhaps I am wrong?
- Auto Accidents
- Child Custody, Support, Adoption
- Collections and Debt
- Consumer and Lemon Law
- Criminal Defense
- DUI / DWI
- Divorce, Marriage, Alimony
You can only recover the following:
1) The actual value then-current fair market or "blue book" value of your car at the moment it was totalled, based on make, model, age, mileage, condition (pre-accident), etc.
2) Rental costs for a reasonable time--about as long as it would take a reasonable person to find/buy/lease a new car (note: it's how long it typically takes--not how long it takes you)--for a reasonable rental car (you can't upgrade from your totalled car).
3) Perhaps one day of lost wages--the day of the accident; after that, you are expected to adjust and find some way to get around/get to work.
You can NOT recover:
4) For your inconvenience, strees, suffering, etc.--the law does not give you anything for that except when there is a serious personal injury or it was a deliberate attempt to harm or harass you.
5) Any dealers fees, taxes, or other costs associated with buying a new car--you get the value of the destroyed (totalled) car, but what you do with that money and how you replace your car (if you do)) is up to you and is your cost. You could, after all, buy a much smaller or cheaper or older car and pocket a profit on the transaction; you might get a car from a friend or family member; lease instead of buy; etc. The other side just has to pay for what they broke; what you replace it with is your concern.
You can sue the at-fault driver (you sue the driver, not their insurer) for items 1) - 3) to the extent you were not paid for them by an insurance company; suing the other driver is the only way to get compensation beyond that which an insurer offers.