insurance company should pay me for my lost wages?

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insurance company should pay me for my lost wages?

i been involved an accident which is other driver fault but the insurance company deny to accept his fault but i am 100 sure that his fault they said 50 my fault and 50 his fault.I am emailing them with much frustration regarding this issue as it has taken much longer than expected. I have not only emailed but called many times regarding this but I am not sure why this is taking so long.. I am not satisfied with the service I have received so far and would like to voice my concerns as they are increasing my financial responsibilities as well as my stress level. I have been sitting at home unemployed as I drive my car for Lyft/Uber to make my living which includes but is not limited to paying child support, rent and other major responsibilities which I have not been able to do for two months. Please tell me what to do now Thank you

Asked on March 6, 2017 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are talking about the other driver's insurance, remember that they are *his* insurer, not yours: they do not owe any duty or obligation to you. Rather, their legal obligation is to their insured--to pay on his behalf when he is at fault and liable. Any payment they choose to make without you suing their driver and winning is voluntary--it's a payment they decide to make because they think that you will win if you sue, and so they offer you something so that you won't sue. 
But if they think that it's not clear that their driver was at fault (or in any event, more at fault than you) in causing the accident, they typically will NOT offer to pay anything. In that case, your only option is to sue the other driver, if you believe that he was in fact at fault; if you can prove in court by a "preponderance of the evidence" (or that it is "more likely than not") that their driver was at fault, you can get a court judgment in your favor ordering him to pay you money; when that happens, if he has insurance, his insurance should step in to pay for him.
You can use witness testimony (including your own), police reports (though you may need to subpoena the officer who took the report to appear and testify in person), photographs or videos (if any), etc. to show that the other driver was at fault. (And he, of course, can present his testimony or evidence to the contrary.) If you can prove that he was at fault, you can get your repair costs (or the value of the car, if it has to be totalled); lost wages for a reasonable time during which you could not work due to being out of a car (but note: you'd be expected to buy, lease or rent a replacement vehicle as soon as reasonably possible, so you could work--you are not allowed to take steps to get back up and working); possibly the cost to rent a vehicle while yours is being repaired; etc. So you should ask for lost wages if you bring a lawsuit and may be able to get at least some of them.


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