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If you’re in a car accident, then hopefully, you will walk away without any major injuries. However, if you’re unlucky, you might have a medical condition afterward that makes you miss some work. That’s not ideal, but it happens every day, and you can take some specific actions to get through this difficult period.
Collecting lost wages after a car accident becomes crucial, but in order to do that, you must follow certain rules. In this article, we will talk about the dos and don’ts of recovering lost wages if a car accident injury sidelines you for a time.
Find Out Whether You’re in an At-Fault or No-Fault State
Let’s say that you’re in a car accident, and you suffer a broken arm. You know that you’re going to need to take some time off from work, since you need both arms functional to do your job.
First, you will want to determine whether you’re in an at-fault or no-fault state. At-fault means that the insurance of the person who caused the accident should pay for the damages. Those typically include things like medical bills, the cost of repairing the vehicle damages, and lost wages if one of the drivers has to miss work for a time as well.
By contrast, if you live in a no-fault state, then your insurance company should pay for those things, regardless of whether you or the other driver caused the crash. If you live in a no-fault state, then it’s automatically your insurance company that should cover your lost wages while you’re missing work. That will simplify matters somewhat.
If you’re in an at-fault state, though, and you feel that the other driver caused the accident, then you will need to get their insurance company to cover those costs instead. Things might still go smoothly if that happens, but it’s always possible you’ll run into a company that’s not eager to give you the money you’re due.
Determine if You or the Other Driver Caused the Accident
You should next try to determine who caused the accident. That means going back through the crash in your mind. You should normally have no issue in figuring out who you feel caused the wreck.
Typically, the driver who did something wrong caused the accident. Maybe the other driver let their smartphone distract them while behind the wheel. Perhaps they ran a red light and plowed into your car.
No matter whether you or the other driver caused the accident, though, there’s no need to give the insurance company that information. The investigation should reveal the culprit.
File a Claim with the Right Insurance Company Immediately
You can next file a claim with the appropriate insurance company. Let’s say for a moment that you’re in an at-fault state. You feel that the other driver caused the wreck. You also spoke to the other driver at the crash site, and they agree that their action caused the collision.
If so, then you can probably speak to the other driver’s insurance company confidently. Both you and the other driver feel that they caused the accident, so it’s clear in your mind which insurance company should cover your lost wages while you have to miss work.
There’s still no need to tell the insurance company representative explicitly that you feel the other driver caused the accident, though. If the person you speak to asks you directly who you think caused it, you can say you’re not qualified to answer that question. Before you answer such a question, you should always consult with a car accident lawyer.
Get Documentation Establishing How Much Your Job Normally Pays You
We’ll say that in this scenario, where you’re an at-fault state and you feel the other driver caused the accident, that their insurance company agrees with that assessment. After speaking to you and the other driver and examining all the crash site details, the other driver’s insurance company feels that the other motorist did in fact cause the collision.
In order to collect money replacing your lost wages while you’re recovering, you will need to provide documentation that shows the insurance company how much you normally make. If you get a regular paycheck, then that’s easy. You can show the insurance company a set amount that they will need to cover each week or month.
If you’re a freelancer, and you get different monetary amounts every week or month, then you might show them your tax return from the previous year. You can calculate using that the average of what you make each week or month, and the other driver’s insurance company can pay you that instead.
Do Not Return to Work Before You’re Ready
You should not return to work before you’re ready. Maybe you’re eager to recover from that broken arm or whatever other injuries you suffered and to get back to your job. That’s commendable. Keep in mind, though, that if you get back to work before you’re ready, you can’t do your job effectively.
Also, once you return to work, you can’t expect that the other driver’s insurance company will keep covering your lost wages. That’s why, if you don’t feel physically or mentally ready to get back to work yet, you should wait until you do.
Insurance companies often want to stop paying you as soon as possible, so representatives from the company might call or come by to see you often. They may pester you to get back to work before you’re ready.
If so, it’s helpful to speak to a car accident lawyer. You may also hire them to represent you. The lawyer can talk with the insurance company on your behalf.
If the insurance company won’t pay you, or if they do anything else inappropriate, your attorney can stand up for you. Threatening legal action against the insurance company sometimes becomes necessary.
By going through these steps, you should get the money you’re due.