Injuries from car accidents often lead to lost time from work and lost wages.  One of the first questions I hear from clients is, “Who will pay for my lost wages?”  The answer depends on what insurance coverage you purchased before the accident.

Car Insurance Covers First

When you buy car insurance, you have a choice as to whether or not to get coverage for lost wages.  Such coverage provides 80% of gross income reimbursement up to maximum monthly and total benefits.  Such coverage also has a five-day waiting period.  If you purchased Lost Wage Coverage, it will pay first.  Lost Wage Coverage pays regardless of who caused the accident.

Disability Coverage Pays Second

If you have private Disability Coverage and cannot work, it will cover your lost wages regardless of who was at fault for the accident.  How much you will receive depends on the terms of your Disability policy.

Unreimbursed Lost Wages

If you have lost wages which are not reimbursed by car insurance, your lawyer can claim them in your lawsuit.  You have the burden of proving the wages you could have earned.  This is straightforward for wage earners, but more challenging for self-employed or commission-based employees.

So, if you are injured in an accident, here’s what to remember about lost wages:

• Consider buying car insurance for lost wages;
• Car insurance pays first;
• Consider buying disability insurance;
• Disability insurance pays second; and
• Document lost wages for recovery in lawsuit.

Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy).  Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases and medical malpractice.  Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE.  Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.”  Tim has also published two books on Personal Injury law:  “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.”  In 2007, Tim was named by Main Line Today as one of the area’s Top Personal Injury Litigators.  In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.

Tim can be reached by phone at 610-840-0124, by email at trayne@macelree.com or on his Blog at www.macelree.com/traynelaw.

This entry was posted on Monday, February 23rd, 2009 at 2:04 pm and is filed under Legal Damages. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site. Your comments will appear immediately, but I reserve the right to delete innapropriate comments.