I was in an auto accident. The other driver was at fault. As a result my car was disabled and I no longer have reliable transportation. I am a server so my income varies.
I was attempting to look for a second job and had just been offered a job the day before the accident occurred. I was not able to take the job however, because I no longer have reliable transportation and did not want to accept a job under such circumstances.
Is there any compensation that could come from such circumstances? I definitely think this counts as lost income, but how can I calculate this as lost income for purposes of the insurance settlement? Is there anything else I should know about this? Thank you for any information you can give.
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.
Their is no doubt but that as a result of the accident you sustained unwarranted lost wages. The at-fault driver is responsible for your lost wages.
Contact the at-fault driver and ask for the name and contact information for his or her insurance company. This is called a 3rd party claim. Hopefully, the driver will cooperate. If the driver cooperates, contact the insurance company and tell them you want to file a property damage claim for the repairs to, or replacement of your car.
From the facts you present, the other driver was at-fault. When you contact the driver’s insurance company let them know as a result of the accident you not only sustained damage to your car, but lost wages as well.
To certify your lost wages, obtain copies of your paychecks for the last six (6) months, or more. Submit those to the insurance company and let them know you expect to be compensated for the average amount of the six (6) months wages.
Unfortunately, you can’t have a reasonable expectation of being reimbursed for the the amount of money you may have lost as a result of the lost job. You have what is referred to as a “burden of proof” to establish a verifiable amount you lost as a result of your not being able to accept the offered job.
Coming up with a verifiable amount for the lost job will be close to impossible.
Learn more here: Recovering Lost Wages After Injury
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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