Can I sue the other party’s insurance company for lost wages if I drive a For Hire Vehicle?

My car was hit by a truck. The other party’s insurance is saying it is a he
said/she said case. However, I believe that the nature of the damage to my
vehicle indicates otherwise. Should I hire a lawyer and or a forensic specialist
to show I was not at fault and to subsequently sue for any unrecovered damages
deductible and lost wages?

Asked on August 22, 2016 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, IF you can show that the other driver was at fault, you can sue for lost wages directly attributable to the accident for a *reasonable* period of time--the amount of time it would typically or usually, for the average person, take to get the car fixed or a new car or make some other transportation arrangement, if the car was vital to work. For example, most people could fix, get a new car, and/or rent a replacement vehicle in a few days to up to a week to 10 days; you might be able to recover, if your drive a "for hire" vehicle, a few days of lost wages, but then would be expected to have come up with a solution, like possibly renting a replacement while your car is fixed.
As for whether you should hire an attorney or an expert depends on whether a few day or a week or so of your net wages (i.e. you can only recover your profit--your net after expenses, since are not having to pay those expenses while not working) are worth those costs. If not, you could sue yourself, as your own attorney--your chance of winning will be less, but your cost will be much lower, too, so it may be worth trying.


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