lost wages from auto accident no injury

UPDATED: Oct 1, 2022

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lost wages from auto accident no injury

I was driving a company vehicle that was struck in the side by another motorist. low impact, I was not injured. My company has filed a claim for the repairs the the vehicle and their claim was approved. I was out of work for 9 working days while the vehicle was being repaired. I am a service tech, no work van and no work. Can I file a claim for lost wages?

Asked on December 18, 2017 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot. Your lost wages were not foreseeable or reasonably caused by the accident: your employer, for example, could have had other vehicles for you to drive; could have leased or rented a truck for work (and you to drive) while this one was being fixed; could have given you non-driving work for a few days; etc. Because your company, not the other driver, controlled whether you worked or not, the other driver and their insurer are not liable. And at the same time, because employment is "employment at will" (unless you had a written employment contract to the contrary) and your employer had the right to suspend your employment any time, for any reason, the employer (and their insurer) are not liable to you if the company chose to not have you work for 9 days, since it was their right to not have you work.

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 AttorneyPages.com 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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