Am I entitled to lost wages do to no vehicle, but no injuries?

by Mike
(Texas)

The insurance company tells me that I am only entitled to loss wages if i were injured . However I lost many hours of work due to no transportation and finally I lost my job due to absence and being late if i was doing fine before the accident how am i not entitled to lost wages? Does the law say that I must be injured to get back my lost wages?

Answer:

Hello Mike,

The problem is that you have an affirmative duty to mitigate your damages. This means that you MUST ensure the accident does not cause a bigger damage than damage to the car and your body. Most courts assume that you will have to secure other methods of transportation to get to and from work. This means any method, including and not limited to public.

The insurance company will attempt to show that your failure to mitigate is what cause the damages, not the actual crash.

An injury cases wage loss because you cannot avoid to feel badly and cannot avoid t have a medical doctor give you a note where you cannot work.

Most likely the law does not expressly say – if you are not injured , you are not entitled to wage loss, but those are usually the issues. We don’t know what Texas does.

It's very important that you talk to a local lawyer.
It's very important that you talk to a local lawyer,

Good Luck,
Auto insurance claims