Can I sue the other party’s insurance company for lost wages if I drive a For Hire Vehicle?

UPDATED: Sep 30, 2022

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Can I sue the other party’s insurance company for lost wages if I drive a For Hire Vehicle?

My car was hit by a truck. The other party’s insurance is saying it is a he
said/she said case. However, I believe that the nature of the damage to my
vehicle indicates otherwise. Should I hire a lawyer and or a forensic specialist
to show I was not at fault and to subsequently sue for any unrecovered damages
deductible and lost wages?

Asked on August 22, 2016 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, IF you can show that the other driver was at fault, you can sue for lost wages directly attributable to the accident for a *reasonable* period of time--the amount of time it would typically or usually, for the average person, take to get the car fixed or a new car or make some other transportation arrangement, if the car was vital to work. For example, most people could fix, get a new car, and/or rent a replacement vehicle in a few days to up to a week to 10 days; you might be able to recover, if your drive a "for hire" vehicle, a few days of lost wages, but then would be expected to have come up with a solution, like possibly renting a replacement while your car is fixed.
As for whether you should hire an attorney or an expert depends on whether a few day or a week or so of your net wages (i.e. you can only recover your profit--your net after expenses, since are not having to pay those expenses while not working) are worth those costs. If not, you could sue yourself, as your own attorney--your chance of winning will be less, but your cost will be much lower, too, so it may be worth trying.

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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