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J Canales

Accident- No Injuries- But Loss of work days

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I recently was involved in a car accident where a driver tried to pass me in the opposite direction lane and totaled my vehicle out while I was turning into my neighborhood. I was not injured but due to the accident I could not make it to work. State Farm is the drivers insured. They are paying for the vehicle but will not pay for lost wages because I was not injured. Does this become a personal law suit against the driver?

 

Thank You!

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1 hour ago, J Canales said:

Does this become a personal law suit against the driver?

 

You have no basis for suing anyone.  You're not entitled to anything other than the reasonable value of your car at the time of the accident.  If you needed a car to get to work, you should have rented one, and the other driver's insurer would have paid for that until such time as it tendered payment for your car.

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1 hour ago, J Canales said:

I recently was involved in a car accident where a driver tried to pass me in the opposite direction lane and totaled my vehicle out while I was turning into my neighborhood. I was not injured but due to the accident I could not make it to work. State Farm is the drivers insured. They are paying for the vehicle but will not pay for lost wages because I was not injured. Does this become a personal law suit against the driver?

 

Thank You!

 

If you were in California, you should have gotten a rental car to get to work and then recovered the rental expense as part of your property damage claim.  Loss of income is a unit of damage that pertains to personal injury, which you don't have.  You can still submit a loss of use claim, even without rental car receipts.  You still lost the use of your car.  It is measured by the reasonable daily rental value of your car during the reasonable period of repair.

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3 hours ago, J Canales said:

I was not injured but due to the accident I could not make it to work.

 

Turning into your neighborhood implies that you were on your way home, perhaps at the end of the work day or on a weekend which means you could have, and should have, arranged for substitute transportation in order to get to work.

 

I agree that you have no claim for lost earnings if you didn't go to work because you didn't have transportation.

 

Though, as previously suggested, you could have a loss of use claim for a much lesser amount than earnings.

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