Reimbursment for Loss Use Without Injury

UPDATED: Oct 1, 2022

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Reimbursment for Loss Use Without Injury

My vehicle was involved in an accident where I was not in the car, the at fault parties insurance company is telling me they don’t make pay outs for loss of work took 2 weeks for them to get me in a rental vehicle, inconvenience/stress/suffering, dealer fees and costs associated with needing to purchase a new vehicle car was a total loss in the state of CT. This does not seem right to me but perhaps I am wrong?

Asked on August 6, 2018 under Accident Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only recover the following:
1) The actual value then-current fair market or "blue book" value of your car at the moment it was totalled, based on make, model, age, mileage, condition (pre-accident), etc. 
2) Rental costs for a reasonable time--about as long as it would take a reasonable person to find/buy/lease a new car (note: it's how long it typically takes--not how long it takes you)--for a reasonable rental car (you can't upgrade from your totalled car).
3) Perhaps one day of lost wages--the day of the accident; after that, you are expected to adjust and find some way to get around/get to work.
You can NOT recover:
4) For your inconvenience, strees, suffering, etc.--the law does not give you anything for that except when there is a serious personal injury or it was a deliberate attempt to harm or harass you.
5) Any dealers fees, taxes, or other costs associated with buying a new car--you get the value of the destroyed (totalled) car, but what you do with that money and how you replace your car (if you do)) is up to you and is your cost. You could, after all, buy a much smaller or cheaper or older car and pocket a profit on the transaction; you might get a car from a friend or family member; lease instead of buy; etc. The other side just has to pay for what they broke; what you replace it with is your concern.
You can sue the at-fault driver (you sue the driver, not their insurer) for items 1) - 3) to the extent you were not paid for them by an insurance company; suing the other driver is the only way to get compensation beyond that which an insurer offers.

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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