I was rear ended by a drunk driver 5 months ago. There has been no settlement yet. My wife was a passenger and has brain trauma issues and has been unable to work, per Doctor’s orders. It has been a struggle. She is now only part time. After 5 months I was told I have loss of income coverage on our insurance.
Can I be denied this 5 months of lost income, for her, because I am just now submitting this claim to my insurance? Are there any time limits to filing a claim for lost income? Any other tips you can give would be appreciated. Thanks.
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.
To be compensated by your insurance company for lost wages, you need to have the optional coverage of loss of income insurance as part of your policy, or a wage loss benefit under another coverage such as personal injury protection (also called PIP or no-fault insurance).
Lost wages benefits, either by themselves or as part of PIP coverage, vary. Typically the compensation is paid to passengers and other drivers listed on your policy whose injuries prevent them from working. If your wife was listed on your policy as an insured or party eligible for lost wage benefits, then she had a right to lost wages.
Persons covered may receive a set weekly amount or a percentage of their actual gross wages lost due to the accident, up to the maximum limit of coverage. To receive the lost wage compensation will require detailed documentation confirming the amount of wages lost, and supporting medical documentation.
However, there is also a certain time frame in which to make the claim and a set period of time for which the payments will be paid out. That time frame varies based on a number of factors. You will need to check your policy or contact your insurance company for more information.
Learn more here: Recovering Lost Wages After Injury
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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