How can I recoupe loss of wages and other costs?

UPDATED: Oct 1, 2022

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How can I recoupe loss of wages and other costs?

I was working at Coachella festival and was staying in my motor home. I was parked in staff camping when my motor home was hit by a van. The speed limit was 5 mph. The damage he did to my motor home is $16,000. We turned it into our insurance so it is getting repaired but I am out wages and out of pocket costs that our insurance won’t reimburse. How can I recoupe my losses?

Asked on May 16, 2018 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You an sue the at-fault driver (and anyone who hit a stationary object is almost by definition at fault, for driving carelessly or negligently) for any out-of-pocket costs or losses you incurred. But you must be able to prove a "foreseeable" (essentially predictable in advance) link between the accident and the loss, or else you cannot recover for it. You may have difficulty with the lost wages claim: it is not generally foreseeable that hitting a motor home causes someone to be unable to work and lose wages. Similarly, there also must be a logical causal link between the accident and the loss, and again, you may have difficulty showing how damage to a motor home necessarily caused a loss of wages.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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