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Can I Be Reimbursed For Lost Wages After a Car Accident?

lost wages after car accident
New York City Personal Injury Lawyer I Greenberg & Stein, P.C.

Car accidents are one of the most common causes of injury and inability to return to work. If you’ve recently been injured in a car accident, you might be concerned about losing your job or money because you’re in pain or physically unable to work. However, New York is a no-fault law, this means that when you have an accident you can recover your lost wages using your Personal Injury Protection (PIP). No-fault laws were established to prevent individuals from initiating lawsuits for every accident to recover losses, including lost wages. However, no-fault benefits have a cap, and the greatest amount you can get may not be enough to cover your medical expenditures, automobile repair costs, and lost wages. If you are unsure if you can receive compensation enough to cover all your expenses, you should contact a well-versed attorney to learn more about your legal options. 

After a Car Accident in NYC, Where Do I Turn to Recover my Lost Wages?

Car insurance

Firstly, promptly notify your insurance company of your involvement in a car accident. As we mentioned earlier, all drivers in New York State must carry at least $50,000 in Personal Injury Protection. File a claim with your insurer within 30 days of the accident to secure compensation. Personal Injury Protection covers medical expenses, car repairs, lost wages, and more regardless of fault. Insurance typically covers 80% of lost wages, up to $2,000 monthly. For instance, if you earn $2,000 monthly, your insurer must compensate you $1,600 for each month you’re unable to work. Insurance companies aim to minimize payouts and may pressure you into accepting unfair offers.

At-Fault Driver

Seeking compensation under Bodily Injury Liability coverage is possible if injuries meet New York State’s severity standards. In cases where PIP coverage falls short, a bodily injury lawsuit against the at-fault party is an option. Moreover, you should receive compensation not only for lost wages but also for any used PTO, vacation, or sick leave due to injuries. Professional guidance from a personal injury attorney is crucial in navigating this process and meeting deadlines. While hiring a lawyer isn’t required by New York State, it significantly boosts success chances in court. Many self-represented individuals lose cases due to unfamiliarity with legal procedures, despite having strong cases.

Workers’ Compensation Insurance

In case you suffered an accident while you were working you can file a worker’s compensation claim. Workers’ compensation insurance is mandatory for all employers in New York. This coverage can reimburse you for 66% of your weekly lost wages during the period of your disability.

How Do I File a No-Fault Insurance Claim for Lost Wages?

  1. Initially, you have to file a claim with your insurance company in less than 30 days after the accident.
  2. Once you have filed your claim, you will need to demonstrate that your injuries are serious enough to prevent you from working. Normally, insurance companies will try to fight back. They can claim, for example, that your injuries aren’t severe enough for the type of work you perform. This is why you should see a doctor so he can properly assess the severity of your injuries. Having test results, medical records, radiographies, MRI data, or anything else that can assist you verify the severity of your injuries is critical for this step.
  3. After you’ve established that your injuries are as serious as you claim, you will need to show how much time you lost from work. To do so, you must request a letter from your employer detailing the length of time you were absent, as well as your hourly rate or compensation details. Pay stubs, income tax reports, and other tax forms are invaluable in accurately calculating the amount you should be reimbursed. Remember to include any documentation that can prove that you also had to use PTO, vacation or sick leave.

Time Limits to Claim For Lost Wages

The insurance company will require you to file a no-fault insurance claim in the first 30 days after the accident. However, notifying your insurer that you were the victim of a car accident should be one of the first things you do following the collision. If you find yourself in a scenario where you need to bring a lawsuit, you must adhere to the New York Statute of Limitations’ deadlines. In this instance, you have three years from the date of the collision to initiate a personal injury lawsuit. Additionally, you have two years to initiate a wrongful death case if you want to recover the lost income of someone who died in an automobile accident.

How Long Does No-Fault Pay for Lost Wages in NY 

Insurance companies will sometimes pay lost wages over a three-year period. Keep in mind that the maximum amount they will pay is $2,000 per month. However, in order to keep receiving compensation for lost wages you must regularly provide disability notes to prove that your injuries prevent you from returning to work. 

Lost Wages Lawyer After a Car Accident

Recovering financially after an automobile collision can be exhausting and sometimes insurance companies take advantage of that by trying to pay as little as possible to the victims of a car accident. That is why hiring a personal injury attorney is one of the most important things to do. An experienced lawyer will know how to negotiate with insurance companies ensuring that you will receive proper compensation for all damages caused by the accident. Personal injury attorneys at Greenberg and Stein P.C. have years of experience helping people recover any lost income due to an accident. If you do not know where to begin or you feel the need to look for professional assistance, call us at 212-969-8784 to schedule a consultation with a member of our legal team. They will help you understand your legal options and the best course of action to ensure you a fair compensation.