Celebrating 10 years! 2007-2017

Accident without Injury Options?

So I was rear ended in February this year in Hawaii. I had f simpsonr09/30/17
Other driver have insurance? 2ski10/01/17
Yes, they had insurance. simpsonr10/01/17
May want to familiarize yourself with the economic loss doct pauperesq10/01/17
"loss of use" damages if the lost income was due to loss of mississippilawyer10/03/17
Taken economic loss doctrine into account, the other party s simpsonr10/02/17
Because you accepted a property settlement. If you wanted mo fettywap10/02/17
It's not too late if the policy allows indemnity for loss of mississippilawyer10/03/17
I didn't sign the paper yet, for their insurance company to simpsonr10/03/17
No. Not if you wouldn't get more than the value of the car, fettywap10/03/17
If you don't have any money for a car payment, then how were onehell10/18/17
I am confused by this too - why doesn't OP take out a loan t flharfh11/02/17
As the other party was recklessly driving. I think you can c bennetthenderson11/01/17
I have heard that if remembering if makes you shake until yo esquire13811/03/17
simpsonr (Sep 30, 2017 - 6:36 pm)

So I was rear ended in February this year in Hawaii. I had full coverage insurance. The other party was driving recklessly around 80+ miles an hour determined through the police report and the speed limit was 45. My car was totaled completely and I was not injured luckily. The value of my vehicle was around 13K and I had a loan on the vehicle for roughly 16K left. After the damage report it was going to cost 14.5K to replace everything so it was deemed totaled. I had to use my gap insurance to pay the difference and now I'm without a vehicle. I also use to work for Uber and Lyft, so I had to find a new job as well. Now I'm financially in the hole and can't recover because I don't have the same income and I was never compensated for lost wages or any money to get another vehicle. The insurance company recommended I try to get a loan but I don't have the money or credit for any option likewise. This has cause a great deal of emotional, and financial hardship for me. Is there anyway I could get help?
Thanks,

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2ski (Oct 1, 2017 - 7:25 am)

Other driver have insurance?

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simpsonr (Oct 1, 2017 - 5:29 pm)

Yes, they had insurance.

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pauperesq (Oct 1, 2017 - 10:49 pm)

May want to familiarize yourself with the economic loss doctrine. Depending on your jurisdiction, there may not be much you can do.

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mississippilawyer (Oct 3, 2017 - 3:50 pm)

"loss of use" damages if the lost income was due to loss of use of the vehicle (i.e. you couldnt get to work because you didnt have a car since it was wrecked). However, your damages for lost wages will be mitigated if you failed to get a rental. The Uber/Lyft ride fares may also be "loss of use" damages. Not all policies allow recovery for "loss of use." read the policy. This may help you get around the economic loss doctrine.

The economic loss doctrine may bar you from recovery for non-economic damages that are purely economic from your damaged vehicle, like mental anguish from loss of your car/stress getting rides, ect

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simpsonr (Oct 2, 2017 - 2:07 pm)

Taken economic loss doctrine into account, the other party still was at fault with 100% liability. They were recklessly driving. I'm not sure how this would cause me to not be able to sue them for personal property?

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fettywap (Oct 2, 2017 - 2:19 pm)

Because you accepted a property settlement. If you wanted more money, you shouldn't have settled for the amount that you did. It's too late.

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mississippilawyer (Oct 3, 2017 - 3:51 pm)

It's not too late if the policy allows indemnity for loss of use damages.

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simpsonr (Oct 3, 2017 - 4:00 am)

I didn't sign the paper yet, for their insurance company to finish it. I can still rebuttal the claim but I'm wondering how and if I should? Would it be worth it?

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fettywap (Oct 3, 2017 - 9:16 am)

No. Not if you wouldn't get more than the value of the car, and then the money just goes to your lender.

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onehell (Oct 18, 2017 - 5:01 pm)

If you don't have any money for a car payment, then how were you making your car payments before the accident?

You don't have a car anymore, but you also no longer have a car payment. Since you were underwater on the car to begin with, you're technically better off than you were before the accident thanks to the gap coverage.

So why don't you just go buy another car? Ideally you'd get financing through your own bank but failing that, car dealers these days can get almost anyone financed. It's a secured loan where the collateral can be repossessed by self-help if need be, so the lenders aren't super strict about lending criteria.

If the Uber/Lyft income was key, then it's pretty easy to show what you made before the accident and infer that you'll make the same as soon as you have a car again. Many lenders will even go off of "stated income" for a car loan.

Walk into your bank and see if you can get prequalified. If not, walk into a dealer and in all likelihood they'll find someone that's willing to finance it, albeit potentially at a subprime rate if you have bad credit and can't find a cosigner. Have you actually tried?

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flharfh (Nov 2, 2017 - 2:36 pm)

I am confused by this too - why doesn't OP take out a loan to buy another car, which would put him in the same financial situation he was in before the accident? If he was regularly making car payments before the accident he shouldn't have trouble getting a loan.

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bennetthenderson (Nov 1, 2017 - 11:30 pm)

As the other party was recklessly driving. I think you can claim for the personal property. Feeling bad after knowing your situation, But in my point to solve this situation you can get the good suggestion for this situation from an experienced attorney like Sebastian Ohanian.

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esquire138 (Nov 3, 2017 - 7:12 pm)

I have heard that if remembering if makes you shake until you puke, that counts as physical harm if a doctor notes it. Just in case that happens.

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