Recovering Lost Wages After An Accident

Accidents are expensive: Aside from potentially steep medical bills and car repair or replacement costs, many people face lost wages from the time they miss from work to go to doctor appointments or recover from injuries. Sometimes, accident injuries are severe enough that people can never return to their old jobs. So, if you are injured in an accident who will pay for your lost wages? Under Florida law, you do.

No-Fault Insurance & PIP Benefits

Florida is a no-fault insurance state. This means that if you are involved in an auto accident, your own vehicle insurance policy will cover your lost wages, up to your policy limits, whether or not you are responsible for the accident. More specifically, your Personal Injury Protection (PIP) benefits will pay up to 60% of your lost wages or loss of earning capacity from your injury.

Currently, Florida law requires every motorist to carry a minimum of $10,000 in PIP benefits. In addition to paying lost wages, PIP benefits also may cover:
-Medical expenses
-Prescription costs
-Mileage to and from doctor appointments
-Costs for household services you cannot perform because of the injury (mowing the lawn, caring for the pool, housecleaning)
-Up to $5000 in death benefits

Filing a Claim for Lost Wages

In order to receive your PIP benefits, you need to notify your insurance company as soon as possible following the accident. The insurance company will require you to fill out and submit several different forms, including a "No-Fault Application for Insurance Benefits." You also may have to submit a form filled out by your physician documenting your injuries.

To receive the lost wages benefit, you will be required to submit a "Wage and Salary Verification" form, which will have to be completed by your employer. Based on this information, your insurance carrier will then determine your average weekly wage. Additionally, your doctor will have to provide a written statement to your insurance carrier that you are unable to work due to your injuries. It then may take up to 30 days to process your request for lost wages.

In some cases, even those who were unemployed at the time of the accident may be able to submit a successful claim for lost wages under a PIP policy. For example, if a person was been actively seeking employment at the time of the accident and, because of the injuries, was unable to continue seeking employment after the accident, he or she may be entitled to a percentage of lost wages.

You can file a claim for PIP benefits whether you were driving your own car, were a passenger in someone else's car or were driving a vehicle you didn't own but had permission to use. You also can file a claim under your PIP benefits if you were hit by a car while crossing a street or riding a bike. Members of your household also may be able to file for your PIP benefits in certain situations.

Additional PIP Coverage

You have the option of purchasing extended PIP coverage under your insurance policy. If you can afford the additional protection, you should purchase it. If you are badly hurt in an accident, your medical costs can quickly spiral out of control. The costs of staying in the hospital for just a couple of days may approach your $10,000 limit.

PIP benefits can act as a personal disability policy. Since Florida is a no-fault state, it also limits your ability to file a personal injury claim against the at-fault driver, except in very limited situations. These situations include: significant and permanent loss of an important bodily function; permanent injury; significant and permanent scarring or disfigurement; and death.

Unless you fall into one of categories, you may be forced to find a way to pay any remaining medical expenses or cover any additional lost wages not covered by your PIP policy. With this in mind, the difference in costs for increasing your PIP benefits may not seem that much after all.

Protect Your Rights: Contact a Lawyer

If you have been involved in a car accident and want to seek coverage under your PIP policy for your lost wages, contact an attorney experienced in this area of the law. The attorney can work with you to collect the proper documentation of your injuries and average weekly wage. If you were unemployed at the time of the accident, the attorney can determine whether you still may be entitled to collect lost wages under your insurance policy.

Additionally, the lawyer can act as your representative with your insurance company for your lost wages and medical expenses claims. If your vehicle or other property was damaged in the accident and the other party was at fault, the attorney can help you file a claim under that driver's Property Damage Liability (PDL) policy.

Finally, an experienced personal injury lawyer also can review the facts of your case and the extent of your injuries and determine whether you may be able to file a personal injury claim against the driver responsible for your injuries. You may be entitled to additional damages for the liable party, including any uncovered medical expenses, lost wages and damages for pain and suffering.

Reference: The Law Office of Scott M. Miller

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