Does an insurance company have to pay you for lost wages from injuries to do a car accident?

Question

On Dec. 18, a drunk driver crossed the yellow line and hit me. Does his insurance company have to pay me back for lost wages since I cannot work due to injuries. If so, is that money added to the settlement or do they pay me on a weekly bases like my work would? I need to know because I am a college student with bills to pay, but I have NO income right now because of this. If they don't owe it to me now, is there a way they can help me pay my bills?

They have already payed for my car (it was totaled) and are paying medical bills. My problem is, how do I pay my regular bills (tuition, computer payment, etc.)? Do I just have to go in debt or is there a way around it? Being a college student, my savings wasn't extraordinary to begin with, now I'm am almost out of money.

Answer 1

They MIGHT offer you money for your lost wages, but they probably won't. They might not even offer you enough money to cover all your medical bills and repairs for you vehicle.

Add up the costs of how much you have missed in wages, how much your medical bills are, and how much your car repairs are, and do not settle for anything less. If you hire a lawyer, make sure that you get at least 30% more than the above total so that, after the lawyer takes his share, you still have enough to cover all your losses.

And you won't get regular payments from them. They won't give you anything, most likely, until you come to a final settlement and sign a paper saying you are satisfied with the settlement. And don't sign anything from that company until you're sure that you're satisfied.

Answer 2

Yes, they do owe you for lost wages,

also the cost of repair/replacement to your vehicle, the cost of a rental while your's is in the shop, medical costs including prescriptions and something to settle for pain and suffering. All of this will be included in a lump settlement, they can only pay up to the policy limits however, but don't jump on the other insurance companies offer right away.

In most states you have as much as 2 years to settle the claim before it automatically closes and you lose any chance of recovery of losses. the other party will try to settle short and fast and once you take the offer the case closes and you can't reopen it.

first talk to your own insurance company. they can if necessary pay the medical bills for you and sue the other drivers insurance to recover their costs.

if the accident was really serious you may have to get a lawyer but be aware that although the lawyer may have a fixed contingency fee of say 25% during the process he'll be sending you to his doctor, paying some bills for you as a loan with interest and have misc fees tacked on to his services. in the end you may actually owe him/her money or only get 10-15% of the settlement after the dust clears. The lawyer will take most of it but you shouldn't have any bills left to pay.

keep records and keep every receipt in case you go to court you'll need them to document and validate your claim anyway and don't sign anything you don't understand especially a waiver presented by the other drivers insurance or lawyer.

and BTW, if the other driver was sited for the accident then his company IS obligated to cover everything up to the limits of his policy unless he had no insurance. then you have to go to your own and you're limited by your policies coverage. Anything over and above the policy coverage you'll need to sue the other driver for.

good luck

Answer 3

In cases like this, the insurance company would normally have to pay;
a.) compensation for your sustaining an injury due to negligence
b.) medical expenses (if applicable) and other costs incurred by you
c.) past, present and future loss of earnings due to injury
d.) the cost of repair to any vehicle you were driving, up to the full replacement value
They may also be liable for any distress you may have suffered after the accident and any future problems (such as arthritis, back & neck pain etc.) that your injuries may cause (note: you will need medical evidence to back this up)

All the above would normally be paid out in one lump-sum. However, you may have to sue (make sure you cover lawyer's fees) to recieve a settlement on all counts (for instance, they may think you'll go away if they pay for the damage to your vehicle and your injury). They will try to wriggle out of paying you as much as they can - don't let them get away with it, push for everything and don't sign ANYTHING from them until you are satisfied.

Hope that helps. Good luck and get well soon.