Visitor Question

Will a car accident settlement cover the cost of yard work?

Submitted By: James (North Canton, OH)

I was injured in a car accident when I was sitting at traffic light and a car hit me from behind. The impact caused me whiplash problems and injuries to my upper back, shoulders, neck. I also now have headache pain that keeps me from doing yard work and house repairs, and from playing golf which I used to enjoy. I now have a lot of pain when I try these activities.

I am getting physical therapy and I’m feeling better each week. I feel that I can not do my yard work as I’ve always done, without more pain. My question is, can I put the cost of hiring someone to do this work in my insurance settlement? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear James,

You can try. Insurance companies are supposed to compensate injured parties for their damages. The usual and customary damages in car accidents include compensation for medical bills, lost wages, out of pocket expenses, and pain and suffering.

Your yard man’s cost should be recoverable as an out of pocket expense.

Try to get it through the insurance claims adjuster. She may or may not agree. If not, don’t just accept her refusal. Ask her to justify the reason she refuses to pay.

Tell her if it wasn’t for her insured’s negligence you wouldn’t have to hire a yard man. And go on to tell her it’s not something which can wait. Yards have to be maintained. There are city codes which regulate the height of grass and the debris which may not be in one’s yard. The longer you are unable to do yard work the better chance you will have of convincing the adjuster the cost of the yard man is a legitimate out of pocket expense.

The claims adjuster won’t be doing you any favors.

Persist in telling her the cost of yard work is a necessary out of pocket expense. Stick to your guns.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 13, 2012

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