Reimbursment for Loss Use Without Injury

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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