Legal Question in Personal Injury in California

I was the victim in a hit-and-run accident right in front of my home in Rancho Cucamonga. I managed to get the license number and reported it right away, both to police and my insurance company. There were no other passengers. Nobody was injured.

My insurance (AAA) paid for the car repair ($4321), and they waived the $500 deductable. I also had rental cars for 13 days; my insurance paid $30/day, but the bill came to $862, so I was out-of-pocket $172.

The other person�s insurance (Mercury) says that they will reimburse the $172 if I send them a receipt. However, I also lost a full day of work, in order to contact police, insurance adjusters, rental agencies, repair shops, and so on. I should have worked 9 hours at $42.26/hour, but I used sick leave instead. An agent from Mercury says that their policy is not to pay for lost work unless there was an injury.

Is there any way for me to recover $380 in lost wages? So far I have not talked to the other driver. If I demand that he pay it and he refuses, would I have to take him to small-claims court? Would I have a strong case?

Can I truthfully tell the other driver that he should pay the $380, because if it goes to court he may well have to pay several times that amount?


Asked on 6/30/10, 10:23 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Unfortunately, the courts do not allow for recovery for the time and expenses involved in getting a rental vehicle and doing all the necessary paperwork as to an accident. You can try arguing with the other insurance carrier that that is in fact part of your damages, as is an unknown reduction in the value of your vehicle because is has been involved in an accident [even if fully repaired, people would pay less it you try to sell it]. You can also argue that you now have a fear of driving, etc., but they will ignore that too. You need to find out if they have paid back AAA for the car damages and the rental they paid, because AAA is legally entitled to that reimbursement; in any settlement, be sure that it states what damages you are settling for, except as to lost wages since that is a income tax item.

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Answered on 6/30/10, 5:20 pm


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