Visitor Question

Including Lost Wages in Settlement Demand?

Submitted By: Jennifer (Herriman, Utah)

I was waiting at a red light and a truck hit me from behind. He totaled my car. I’m currently undergoing chiropractic therapy, twice a week for 2 months. My own insurance is paying for lost wages. I live in Utah, which is a no-fault state.

I have lower back pain which does not go away. X-rays don’t show any broken bones. I don’t know if I should hire a lawyer, or settle the case myself.

What do you think? I’m also wondering if I should include lost wages in my settlement demand, if my own insurance already paid me? Will the other insurance repay me for that in addition to my medical bills? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jennifer,

To be able to overcome the State of Utah’s No-Fault Insurance Law you will have to be able to prove you suffered “serious bodily injuries”. The State of Utah defines serious bodily injuries as those which include dismemberment, loss of limbs, loss of pregnancies, and other very serious injuries.

From the facts you present your injuries do not seem to rise to the minimum requirements of serious bodily injury. Depending upon the agreement you have with your insurance company, and the declarations contained in your policy, you may or may not be able to recover additional amounts for out of pocket expenses and lost wages.

You can not recover any additional amounts for Pain and Suffering from your own insurance company. The other insurance company will not compensate you for any of your injuries, out of pocket expenses, or lost wages either. That is the basis of the no-fault state statute.

Regrettably, it seems your only recourse is to continue working with your own insurance company. Attempt to convince them to compensate you for every possible expense you have, or you may have in the future.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 20, 2011

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