Do I get nothing out of my accident?

UPDATED: Oct 1, 2022

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Do I get nothing out of my accident?

Not my fault that the accident
happened. My car was totaled. The
insurance compan is telling me that
I would still owe 200.00 on the
loan. No was hurt but kids had a
hard time that first week because
they didn’t want to get in the car.
I lost same time out of work. Now I
have no car or money to down on
one. Going lose my job if I can’t
get something out of this

Asked on November 7, 2018 under Accident Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there was another vehicle involved whose driver was at fault, you can sue that driver and/or car's owner (if the owner and driver are not the same person) for any amounts not paid or covered by insurance, such as for your deductible (if your own insurer wil otherwisel pay for your car), for towing, for lost wages for a reasonable time due to not being able to get to work due to the accident, etc. You can only sue for provable losses or costs--that's one limitation; another limitation is that that the cost must be reasonably foreseeable as a result of the accident, which in essence means it was a normal or common loss or cost, and while missing some work is natural, losing a job is not common or foreseeable (most people do not lose their jobs due to an accident or even having their car totalled). And a third issue is you have to sue for the money, which even in small claims court will take weeks or longer--there is no way to get it faster than by a lawsuit.

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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