Legal Question in Insurance Law in Virginia

lost wages due to loss of use of vehicle

My sons car was totaled by another driver and he delivers pizza for a living. The insurance company of the other driver will not pay for lost wages while he was without a vehicle to work. They provided a rental car for 4 days 7 days after the accident but he was not allowed by the rental company to use it for pizza delivery. he used it tryng to find another car with the small amount of money they paid him for his totaled car. Now they tell me the law in Virginia does not require any payment of lost wages due to loss of use of vehicle. They are trying to tell me he should have had his own insurance to cover this. All he had was liability on his 4000$ car that they would'nt give him but 2300$ for. He did see a doctor about a shoulder injury that seems to have healed on its own. He lost 3 weeks of work and alot of it would have been tips. What can we do if anything? Thank you Robin


Asked on 2/21/08, 1:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: lost wages due to loss of use of vehicle

Unless by agreeing to take the $2300 in settlement, your son has waived his right to sue the other driver, he should file his claim for damages(up to $5000)in small claims court against this driver for his other uncompensated out of pocket expendituress such as the lost wages.

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Answered on 2/22/08, 12:45 am


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