Mitigation of Damages is Not Always Possible In Damage Claims When Personal Injury is Involved

by Greg R.
(Remington, VA)

When I was involved in an accident a couple of years ago, the insurance company for the at-fault driver tried to use the “mitigation of damages” argument on me. I was injured in the accident and was knocked unconscious and spent a few weeks in the hospital. I was (and still am) single so there was no one who needed to worry about my car.


By the time I was able to worry about my truck, I had to find it first. It seems like the insurance company would have done that but they didn’t. They kept hammering me about where my truck was instead of looking for it themselves. When I found the truck, it took forever to get the insurance adjuster to look at it and then the thing was a total loss because of all of the towing and storage charges. The insurance company said that I did not take steps to make sure that I mitigated my damages. I said hey; it wasn’t my fault. If your guy hadn’t hit me I wouldn’t have been out of it. I actually saved them money because I didn’t rent a car to drive since I was in the hospital. I think that a rental would have been more than the storage charges.

I kept getting an offer for my truck that was a lot less than it was worth so I got a lawyer to handle both my truck damage and my bodily injury claim. He got more money for me than I would have taken in the first place if the insurance company had just gone easy on me. There was nothing I could do while I was in the hospital.

This article is approved for informational purposes and not intended to take the place of competent local legal counsel.

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