Do I get nothing out of my accident?

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Do I get nothing out of my accident?

Not my fault that the accident
happened. My car was totaled. The
insurance compan is telling me that
I would still owe 200.00 on the
loan. No was hurt but kids had a
hard time that first week because
they didn’t want to get in the car.
I lost same time out of work. Now I
have no car or money to down on
one. Going lose my job if I can’t
get something out of this

Asked on November 7, 2018 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If there was another vehicle involved whose driver was at fault, you can sue that driver and/or car's owner (if the owner and driver are not the same person) for any amounts not paid or covered by insurance, such as for your deductible (if your own insurer wil otherwisel pay for your car), for towing, for lost wages for a reasonable time due to not being able to get to work due to the accident, etc. You can only sue for provable losses or costs--that's one limitation; another limitation is that that the cost must be reasonably foreseeable as a result of the accident, which in essence means it was a normal or common loss or cost, and while missing some work is natural, losing a job is not common or foreseeable (most people do not lose their jobs due to an accident or even having their car totalled). And a third issue is you have to sue for the money, which even in small claims court will take weeks or longer--there is no way to get it faster than by a lawsuit.


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