lost wages from auto accident no injury

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lost wages from auto accident no injury

I was driving a company vehicle that was struck in the side by another motorist. low impact, I was not injured. My company has filed a claim for the repairs the the vehicle and their claim was approved. I was out of work for 9 working days while the vehicle was being repaired. I am a service tech, no work van and no work. Can I file a claim for lost wages?

Asked on December 18, 2017 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. Your lost wages were not foreseeable or reasonably caused by the accident: your employer, for example, could have had other vehicles for you to drive; could have leased or rented a truck for work (and you to drive) while this one was being fixed; could have given you non-driving work for a few days; etc. Because your company, not the other driver, controlled whether you worked or not, the other driver and their insurer are not liable. And at the same time, because employment is "employment at will" (unless you had a written employment contract to the contrary) and your employer had the right to suspend your employment any time, for any reason, the employer (and their insurer) are not liable to you if the company chose to not have you work for 9 days, since it was their right to not have you work.


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