- Getting lost wages after a car accident can take a few weeks to over a year.
- Liability disputes, insurance delays, and court caseloads can prolong the process.
- Working with a New York car accident lawyer can often speed up the timeline for receiving lost wages.
A car accident can keep you out of work for weeks, months, or even years. If you do return to work, you may be unable to perform the same duties or work the same hours as before. This can cause significant financial strain.
You may be eligible to receive compensation for these lost wages after a car accident in New York. Getting this compensation can be a lifeline when you suddenly lose your main source of income. An attorney at Chopra & Nocerino can explain how long it takes to get lost wages from a car accident and work with you to accelerate the process.
What Are Lost Wages in a Car Accident Claim Under New York Law?
Various types of auto insurance policies in New York cover lost wages, including personal injury protection (PIP) and liability coverage. Lost wages may include any form of compensation you would have received from your job if you had not been injured, such as:
- Regular pay
- Commission
- Bonuses
- Overtime pay
- Benefits, such as health insurance and retirement contributions
Lost wages typically result from a temporary disability that prevents you from working until you recover. However, some car accident victims receive compensation for lost earning capacity.
Future Lost Wages
Severe car accident injuries can cause long-term or permanent disabilities. These injuries may prevent you from ever working again. You may be capable of working part-time or in a lower-paying job, but you can no longer perform the same duties as before.
This may entitle you to future lost wages or lost earning capacity. Future lost wages include the income you would have earned throughout your lifetime if you had not been injured.
Calculating future lost wages can be a complex process. This is especially true if you were young and just starting your career when the accident occurred. Your attorney may need to collaborate with experts to project your future earnings based on age, education, work experience, job market trends, and other factors.
Who Pays for Lost Wages After a Car Accident?
Your Personal Injury Protection (PIP) insurance is your first source of coverage for lost wages after a car accident. It pays 80 percent of your lost income, up to $2,000 per month, for up to three years.
If your $50,000 PIP limit doesn’t fully cover your losses, there are other coverage options to consider:
File a claim against the at-fault driver’s insurance
You may be able to pursue compensation from the at-fault driver’s insurance or file a lawsuit if their insurer denies your claim. In many cases, you must meet New York’s serious injury threshold before you can take legal action.
Uninsured or Uninsured motorist coverage
If the at-fault driver doesn’t have enough insurance, or any at all, you can rely on your uninsured or underinsured motorist coverage for extra protection.
In New York, uninsured motorist (UM) coverage is mandatory. It protects you if you’re injured in a hit-and-run or by a driver who failed to carry the required liability insurance. Underinsured motorist coverage is optional, but it is used when the at-fault driver’s insurance isn’t enough to cover your damages.
Workers’ Compensation
Pursuing a workers’ compensation claim may be an option if the vehicle accident occurred while you were working.
What Are the Common Causes of Delays in Receiving Lost Wages After a Car Accident?
Common causes of delays in receiving lost wages after a car accident in New York include the following:
- Incomplete or incorrect paperwork: Missing details or errors on forms can cause insurers to request additional information, delaying claim processing.
- Incomplete employer verification: Payments may be delayed if your employer is late or has not fully verified your income loss.
- Self-employed income verification: Self-employed individuals must provide documentation of their income. Missing or incomplete paperwork can slow down approval.
- Complex cases: Claims involving multiple parties, government agencies, or other complications often take longer to resolve.
- Disputed medical evidence: If the insurer questions the cause of your injuries or whether they prevent you from working, your claim may undergo further review or investigation.
- No-fault claim issues: Late reporting or missing documentation are common reasons for no-fault claims to be delayed or denied.
- Disputed liability: Determining who is at fault, especially in accidents involving multiple parties or shared responsibility, can prolong the claims process.
How To File a Lost Wages Claim
PIP insurance is your primary source of financial recovery after a car accident. If you were in a car, you will file a claim with the insurance company that covers that vehicle. If you were a pedestrian, you will file the claim with the insurance company covering the vehicle that hit you. To start the process, you will complete the NF-2 form and submit it to the appropriate insurance company.
The NF-2 form requests information including the following:
- Personal information: Your name, address, and date of birth
- Accident details: The date, time, location, and a brief description of what happened
- Injury information: A description of your injuries, including who treated you and at which hospital or medical facility
- Vehicle information: Details about the vehicle you were in, whether you were the driver, passenger, or a pedestrian
- Employment information: Information about your work, including days missed, when your absence began, whether you have returned to work, average weekly earnings, daily work hours, weekly workdays, whether you were receiving unemployment at the time, and the names and addresses of your most recent employers
If you are self-employed, you will also need to complete and submit a NF-7 form, which verifies your self-employment income.
While you don’t have to prove fault to receive PIP benefits, providing complete and accurate documentation with your application is essential. Doing so helps prevent delays and ensures your claim is processed smoothly.
Insurance Claim vs. Lawsuit
Filing a lawsuit is different from filing a claim with your PIP insurer. While you will still need many of the same documents used for a PIP claim, a lawsuit also requires evidence that shows the other party was at fault for the accident and your injuries.
An experienced personal injury attorney can review your case and explain your legal options. They can manage the process for you, making sure you have the right evidence, and that all documents are prepared and filed correctly and on time, giving your case the best chance for success.
Are There Any Specific Deadlines I Need To Be Aware of Regarding My Lost Wage Claim?
Whether you are seeking only PIP benefits or additional compensation through a personal injury lawsuit, it’s important to follow all deadlines:
- NF-2 form (application for no-fault benefits): Must be submitted within 30 days of the accident.
- NF-7 form (self-employment income verification): Must be submitted within 90 days of the first day you missed work due to the accident.
- Personal injury lawsuit: In most cases, you must file within three years from the date of the accident. Missing this deadline will result in your lawsuit being dismissed.
What Happens if My Lost Wage Claim Goes to Trial?
Your lost wages claim may go to trial if the insurance company refuses to offer a fair settlement and the case cannot be resolved otherwise. At trial, a judge or jury hears arguments from both sides before deciding on a verdict and awarding damages.
The timeline for trial can vary depending on the complexity of the case; however, trials for personal injury cases typically occur one to two years after the lawsuit is filed.
All personal injury cases go through a discovery phase, during which both sides exchange evidence and information. Even after a lawsuit is filed, settlement negotiations can continue up until the day of trial, and most cases are settled before a verdict is reached.
How Much Compensation Can I Expect for Lost Wages After a Car Accident in New York?
Compensation for lost wages after a car accident is based on the actual income you lost. PIP insurance typically covers 80 percent of your lost earnings, up to $2,000 per month, for a maximum of three years. The minimum required PIP policy offers up to $50,000 in total coverage.
If your losses exceed that amount, you may be able to seek additional compensation through a lawsuit. In this case, factors such as your hourly wage or salary, the number of work hours you missed, and the severity of your injuries will all impact the amount of wage recovery you can pursue.
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How Can a Car Accident Attorney Help Speed up the Process?
You have enough stress on your plate after a car accident. Facing the legal process alone can add to that burden and slow your road to recovery. Our experienced personal injury lawyers will work with you to expedite the process and ease your stress.
We’ll take the lead in building your claim. This starts with a comprehensive investigation to determine who’s at fault and how they caused your lost wages. We’ll gather evidence demonstrating the defendant’s liability and the extent of your injuries. We’ve navigated these steps countless times, so we know how to do it as efficiently as possible.
From there, we’ll negotiate with the insurance company on your behalf to reach a fair settlement. We know the insurance company’s tactics and how to counter them. We aren’t afraid to push back and fight for what you deserve without unnecessarily prolonging the process.
If the insurance company delays or unfairly denies your claim, we’ll be ready to act so their actions don’t significantly stall your case. We’ll also be prepared to take your case to trial if the insurance company refuses to make a fair settlement offer. Our attorneys know what to expect during this process and can use that knowledge to smoothly guide your case toward a timely resolution.
Contact the Car Accident Attorneys at Chopra & Nocerino
At Chopra & Nocerino, we understand how important it is for you to receive lost wages as quickly as possible after a car accident. We’ll do everything in our power to speed up the process so you can start rebuilding your life.
If you or someone you love has suffered lost wages after being injured in New York, we’re here for you. Contact us online or call (855) NYC-HURT for a free consultation. You pay us nothing unless we win your case, so there’s no financial risk in seeking our help.
