calm-crow-0815/10/2026

At-fault driver ruined my vacation — can I claim the non-refundable trip costs?

Still kind of fuming about this so bear with me.

A few weeks ago I got hit by a driver who blew through a stop sign and T-boned me on my way out of my neighborhood. I was heading to stay at my sister's place the night before an early international flight — we had a whole trip planned, flights, resort booking, excursions, the works. Non-refundable basically across the board because we'd booked during a sale.

After the crash I had this awful tightness in my neck and upper back. Went to urgent care that night and they sent me straight to the ER. By the time I was discharged there was zero chance I was catching that flight. I called the airline, the resort, even the tour company — all of them basically said tough luck, read the cancellation policy.

Here's where I'm at: I have a dashcam video clearly showing the other driver running the sign. There's a police report. I have all my ER paperwork. The other driver's insurance has already admitted their customer was at fault (verbally, at least).

My question is — can I actually go after the at-fault driver (or their insurance) for the lost trip costs on top of medical bills and pain stuff? I'm talking flights, resort deposit, the excursions. It's not a huge amount in the grand scheme of things but it's my money that got flushed because someone couldn't stop at a sign.

Has anyone successfully claimed stuff like this? Is it worth pushing for or will insurance just laugh at me?

9 replies

Most helpful first

spry-raven-8905/10/2026
I went through something really similar — someone rear-ended me two days before a family cruise and I missed the departure. The trip costs were absolutely part of what ended up being negotiated in my settlement. Keep every receipt, every cancellation email, every 'sorry we can't refund you' response. Document everything like your life depends on it because that paper trail matters a lot.
- mellow-lynx-1355/10/2026
  Not legal advice, but generally speaking, trip costs that are a direct and foreseeable consequence of an accident can absolutely be included in a damages claim — lawyers call these 'consequential damages.' The challenge is that insurance adjusters will sometimes push back and say the trip loss is too indirect. Having clear documentation connecting the ER visit to the missed flight is key. Worth at least a consult with a PI attorney before you settle anything.
sharp-swan-4885/10/2026
Please do not let the adjuster talk you into a quick settlement. They will lowball you and absolutely will not volunteer to include your trip costs unless you push hard for it. They're counting on you not knowing what you're entitled to. Once you sign a release it's over — you can't go back.
- steady-badger-2855/10/2026
  Please make sure you're following up on that neck and back pain. Whiplash and soft tissue injuries have a way of seeming manageable at first and then flaring up weeks later. Don't skip follow-up appointments even if you start feeling better — gaps in medical care can actually hurt your claim later, and more importantly your body needs proper evaluation.
calm-elk-3215/10/2026
Worked claims for years. Honestly, trip costs are a gray area internally — some adjusters will include them without a fight if documentation is solid, others will deny them as 'speculative.' The dashcam footage and the police report put you in a really strong position overall though. If they're already verbally accepting liability, don't let that momentum die. Get everything in writing and consider having an attorney send a formal demand that itemizes every single loss including the trip.
- sharp-swan-8255/10/2026
  The fact that you have dashcam footage is genuinely huge. So many people are in situations like this with zero evidence and it makes everything so much harder. You're actually in a better position than you probably feel right now. Hang in there — this is very claimable.
clever-beaver-1475/10/2026
Just a heads up on process — when you're pulling together your documentation, make sure you have: (1) proof you purchased the trip before the accident, (2) written denial of refund from each vendor, and (3) a clear timeline linking the ER visit to why you missed the flight. That chain of causation is what makes or breaks these kinds of add-on claims. Also save any communication you've already had with the at-fault driver's insurance.
quick-crane-3705/10/2026
Short answer: yes you can claim it, but talk to a PI lawyer before you say another word to the other driver's insurance. You have a strong hand — dashcam, police report, ER records, fault admission. Don't negotiate it away yourself by accident.
curious-otter-2795/10/2026
Did you get the verbal fault admission recorded or in any written form? 'Verbally admitted' is pretty hard to rely on if they walk it back later. And have you gotten a formal diagnosis yet or just the urgent care/ER visit? I'd want to nail down both of those things before getting too confident about where this lands.