Borrowed Car, Accident, Not-At-Fault, Sue

[Just Blue]

So why is she not in therapy?

And that's the $60,000.00 question.

I also suspect the lack of mental health follow up care is a major reason OG referred to this claim as "legally BS".

 

[quincy]

And that's the $60,000.00 question.

I also suspect the lack of mental health follow up care is a major reason OG referred to this claim as "legally BS".

The lack of any psychological care for the traumatized children is certainly a curious reaction to their expressed trauma.

I also question why blufiresag thinks someone else should be responsible for his transportation needs. First he was borrowing his friend’s car and now he wants his Uber expenses paid? I understand poverty but ...

 

[adjusterjack]

Ubering here and there and everywhere, when all 3 of us have to uber to get to work now. It's costly.

The loss of use of a vehicle due to the negligence of another driver is compensable for a reasonable amount of time until another vehicle is obtained. Doesn't matter that it wasn't the victim's own vehicle. So, yes, you may be entitled to be reimbursed for temporary substitute transportation.

That being said, you also have a duty to mitigate. In auto liability claims a week or two is often plenty of time for the damaged party to obtain a more permanent solution to transportation than Uber. Beyond that, the other driver's claim rep is likely to refuse to pay after a certain point.

Make sure you bring up loss of use with the claim rep during whatever discussions you might have.

Once a claim rep accepts liability on behalf of his insured, he wants to get the claim closed quickly and has the authority to pay it.

Lastly, I think you should encourage your friend to make the claim for the value of car. The other driver's insurance company expects it and is willing to pay for it. He should decide quickly, especially if he's running up storage fees.

 

[quincy]

The loss of use of a vehicle due to the negligence of another driver is compensable for a reasonable amount of time until another vehicle is obtained. Doesn't matter that it wasn't the victim's own vehicle. So, yes, you may be entitled to be reimbursed for temporary substitute transportation.

That being said, you also have a duty to mitigate. In auto liability claims a week or two is often plenty of time for the damaged party to obtain a more permanent solution to transportation than Uber. Beyond that, the other driver's claim rep is likely to refuse to pay after a certain point.

Make sure you bring up loss of use with the claim rep during whatever discussions you might have.

Once a claim rep accepts liability on behalf of his insured, he wants to get the claim closed quickly and has the authority to pay it.

Lastly, I think you should encourage your friend to make the claim for the value of car. The other driver's insurance company expects it and is willing to pay for it. He should decide quickly, especially if he's running up storage fees.

In Georgia, there is no recovery for the loss of the use of a vehicle when the vehicle has been substantially destroyed or not substantially repairable.

Boral Bricks, Inc. v. Old South Transportation Management, 402 S.E. 2d 777 (Ga.Ct.App.1991):
https://casetext.com/case/boral-bricks-v-old-south-transportation-management

 

[Ohiogal]

You sound angry and stressed; unsure why. Take care and learn to keep your USELESS feedback to yourself. Being useless in this life won't get you anywhere.

It isn't useless feedback. You have no legal claims. You have no legal proof. You have no losses. Hence, you will get nothing. The only one entitled to replacement transportation is the owner of the car. That wasn't you. You cannot prove your child was traumatized. Why? Because you done nothing to help her with whatever trauma you say she has. That means she would be treated by a psychological professional. But you haven't cared to do that. Instead, you just want to see how much money you can milk from the situation. The answer: NONE.

 

[Ohiogal]

The loss of use of a vehicle due to the negligence of another driver is compensable for a reasonable amount of time until another vehicle is obtained. Doesn't matter that it wasn't the victim's own vehicle. So, yes, you may be entitled to be reimbursed for temporary substitute transportation.

That being said, you also have a duty to mitigate. In auto liability claims a week or two is often plenty of time for the damaged party to obtain a more permanent solution to transportation than Uber. Beyond that, the other driver's claim rep is likely to refuse to pay after a certain point.

Make sure you bring up loss of use with the claim rep during whatever discussions you might have.

Once a claim rep accepts liability on behalf of his insured, he wants to get the claim closed quickly and has the authority to pay it.

Lastly, I think you should encourage your friend to make the claim for the value of car. The other driver's insurance company expects it and is willing to pay for it. He should decide quickly, especially if he's running up storage fees.

It does matter it was not the victim's own vehicle. The owner is the only one with standing. Now the owner could request funding for a rental car or the like and give it to OP but OP has not lost anything.

 

[quincy]

It does matter it was not the victim's own vehicle. The owner is the only one with standing. Now the owner could request funding for a rental car or the like and give it to OP but OP has not lost anything.

If the vehicle owner recovered full fair market value for the totaled vehicle from insurance, he is not entitled in addition to collect for the loss of the use of the vehicle. That would exceed the total value of the loss.

Although I suppose the victim could attempt to sue the at-fault driver ...

 

[adjusterjack]

The owner is the only one with standing.

Disagree.

The victim certainly has standing to seek compensation for the victim's own damages, what little they might be under the circumstances.

 

[quincy]

Disagree.

The victim certainly has standing to seek compensation for the victim's own damages, what little they might be under the circumstances.

Sure. Anyone can sue.

And anyone can then discover their suit has no merit.

 

[Zigner]

Disagree.

The victim certainly has standing to seek compensation for the victim's own damages, what little they might be under the circumstances.

I suspect that Ohiogal was referring to the damage to the vehicle when she made the statement.

 

[quincy]

It appears that the vehicle owner is content with what the insurance covered. blufiresag does not appear to have any legal action on his own that is worth pursuing. The car he was loaned was totaled but he suffered no compensable damages. He just lost his free transportation.