Can I sue the woman that rear-ended me ??

I was rear-ended by a reckless driver .
The insurance company deemed my car a
total loss because the cost of the
damages were more than 80 of the
value of the car . I now have no car . Lost
my 3,200 down payment. I have no
money to put a down payment on another
car. I have two jobs and no way to get my
3 year old to daycare. Can I sue the at
fault party for lost wages ?

Asked on May 21, 2017 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot sue for lost wages, because the law doesn't consider being unable to get to work a sufficiently direct, foreseeable, or logical consequence of a car accident: you could take a taxi or uber, rent or lease a car, get a ride from friends/family, possibly take mass transit, etc. There are many options. The other driver is not responsible for your economic situation and the difficulty you have with a down payment; you cannot hold him liable for it.

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