accident not my fault unijured what is the at fault persons responsible for

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accident not my fault unijured what is the at fault persons responsible for

a person backed a landscapinhg trailer in front of me at dark . my car is totaled , I am not injured . what are they responsible for . ie lost wages tow and lot charges .rental car , car replacement ?

Asked on October 19, 2018 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The at-fault driver must pay:
1) The then-current fair market or blue book value of your car.
2) Towing and storage costs.
3) Car rental for the reasonable period of time it would take most people to get a new car if their car was totalled--generally up to 2 weeks.
4) Lost wages for a probably a day (e.g. the day after the accident): after that, you are expected to find some other way to work.
They do NOT have to pay replacement cost or pay off any financing you still had on the car--again, all you get regarding the totalled vehicle itself is what it was worth, given make, model, year, condition, options, mileage, etc. at the moment it was totalled.
If they or their insurer will not voluntarily you pay, you have to sue the at-fault driver (and also the owner of the truck, if that is not the same person as the driver) for your losses; you do not sue the insurer. You will have to prove their fault in court.
 


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