If a person hit my legally parked work vehicle and put it out of commission for 12 weeks for repair, how do I get full reimbursement for my actual monetary losses?

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If a person hit my legally parked work vehicle and put it out of commission for 12 weeks for repair, how do I get full reimbursement for my actual monetary losses?

As I am sole proprietor of a limousine service, it was a limo, my only vehicle, and source of income, so I was essentially out of work. Her insurance company would only pay 1/3 of my actual lost wages, so how do I collect the other 2/3 owed to me? Responsible driver is very uncooperative.

Asked on March 29, 2015 under Accident Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your case has been settled with the at-fault party's insurance company in which you accepted 1/3 of your lost wages and signed a release of your claim, you won't be able to collect the remaining 2/3.

If you rejected the 1/3 and your case has not been settled, you can sue the at-fault party for negligence to recover all of your lost wages.  If you get a judgment against the at-fault party, you can then enforce the judgment with a wage garnishment.


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