When is it appropriate to petition for compensation of lost wages in an insurance settlement and what documentation is required?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When is it appropriate to petition for compensation of lost wages in an insurance settlement and what documentation is required?
A driver struck a bicyclist. While no serious injuries were sustained and the cyclist was physically able to appear at work, the insurance company states that any loss of productivity shouldn’t be compensated.
Asked on March 5, 2013 under Accident Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Compensation for wage loss is straight reimbursement. You will need documentation from your employer showing how much time was lost from work along with the rate of pay and the amount of lost wages. Payroll or the human resources department may be able to assist you in documenting your wage loss. A letter from your employer would also be useful in supporting your wage loss claim.
The wage loss documentation should be included with the demand letter seeking compensation for the accident. If you weren't injured and did not receive any medical treatment, and your only claim is wage loss, you will only receive straight reimbursement for wage loss.
If you are dissatisfied with settlement offers from the at-fault party's insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If you are only claiming wage loss, you may be able to file your lawsuit in Small Claims Court. Your damages would include wage loss and court costs. Court costs would include the court filing fee and process server fee. If the property damage to the bicycle has not been settled, you should include the cost of repairs or replacement in your lawsuit for negligence against the at-fault party.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.