Accident Collecting For Your Lost Wages
by: Dan Baldyga
A couple months ago you were toolin' on down the avenue, minding your
own business, when out of nowhere, this fumbling, stumbling man by the
name of Freddie Fuddle flew through a Stop Sign and plowed into you with a
gigantic, rip-roaring, screeching broadside. You were wearing your seat
belt but it was still a thundering crash that wrenched and whipped you
around the inside of your motor vehicle something fierce!
Now, after a long recovery period, Fuddle’s carrier, Granite Mountain
Insurance is clamoring to close the case and they've assigned Claims
Adjuster I. M. Strong, to handle your case. You and Strong are sitting at
your kitchen table talking about your settlement dollars. It turns out
he’s got some hang-up’s regarding your lost income. Well, here are
some things you need to know:
Lost wages are one of the most important element's of your damages.
Listen to me carefully when I say, "You should not think about the
days you missed from work as Lost Time and Earnings. It's not Lost Time
and Earnings - - it’s Lost Earning Capacity“
You ask, “What‘s Lost Earning Capacity all about? I thought I could
only collect for my Lost Income?” The answer to that is, “In many
situations you can claim lost income EVEN IF YOU HAVEN'T LOST ONE SINGLE
PENNY “. For example, this can happen when your salary is paid because
you've elected to apply for the sick leave that‘s due you, or because of
an Accident and Health Policy available for you to take advantage of, or
some other such arrangement.
In most instances - - even if you were paid while out of work - - you
should still get that money routinely identified as Lost Wages. Why?
Because that's your Lost Earning Capacity. Your Lost Earning Capacity is
what’s called a Compensatory Damage. Don't let Strong swindle you out of
that Compensatory Damage. Even if you’ve received an income, in some
other way, you're still entitled to it. Strong will do everything he can
to take advantage of you, especially when it comes to getting paid for
your Lost Earning Capacity. During the course of every settlement
negotiation he gets involved in, he‘ll try that tactic on for size, and
it’s mind-boggling how often he gets away with it.
The typical statement made at that point, by the unsuspecting claimant
is, “Hey, I understand I’m to be paid for my lost wages.”
Strong answers, “You collected $200.00 a week from your Accident and
Health Policy didn’t you?”
“Yeah, but my average weekly income last year was $275.00 a week.”
“Okay”, I. M. Strong flashes a well practiced, winning smile, that
tells you he’s a fair insurance claim adjuster, when in his black heart,
he knows he's not! “We’ll pay you that $75.00 a week difference.
Let’s see, you were laid up and unable to work for 5 weeks. 5 times
$75.00 is $375.00. Don’t worry my friend, I’ll see to it you’re paid
that $375.00.”
“Wow!” you think, “that’s terrific !.” You’re thrilled to
death with this great turn of events. But what you don’t know is that
the $200.00 a week you’ve received from your Accident and Health Policy
has absolutely nothing to do with your lost income. The bottom line is
that Smart has just cheated you out of one thousand dollars! And, worse
than that, the $275.00 a week income you lost (for a total of $1,375.00)
would have (in a court of law) given your case $4,000.00 to $5,000.00 more
value in settlement dollars.
DOCUMENTING LOST INCOME: Ask the company you work for to write a letter
on their official stationary declaring your gross salary income and the
days you lost from work.
GROSS PAY VS. NET PAY: You should collect the "gross" wage's
you lost, not the "net".
TOTAL DISABILITY and/or PARTIAL DISABILITY: For every week of Total
Disability (a fact which must be stated in your doctors Final Medical
Report) you should use your gross weekly income - - even if you were paid!
(For every week of Partial Disability your doctor states in that Final
Medical Report, you have the right to claim a substantial percentage of
your income, during that period, even if you didn't lose any).
Because the following five points give value to your claim be ready to
talk with Smart about and, wherever possible, prove:
(1) If your work demands heavy labor and/or lifting. (2) If you lost
any vacation time or sick leave. (3) If there was any possible loss of
money you could have earned in the future - - either with your company or
maybe other income you've got bubbling and boiling on the side. (4) If you
had to forgo any bonuses. (5) If you lost an opportunity that would have
led to a better job.
If any of the above five points are true than your claim is worth more
money!
THE CRUCIAL MEDICAL REPORT: The Granite Mountain Insurance Company and
Adjuster I. M. Strong know that the longer your recovery period, the
greater your "pain and suffering", therefore the higher the
settlement value of your bodily injury claim. Your Chiropractor or
Attending Physician must also note this in his Final Medical Report. Tell
him to state exactly how long it will be, before you can get back to
routine activities like golf, hunting, fishing and/or rockin' and rollin'
with your lady friends.
As long as you have problems keep right on going back to see your
doctor, again and again, even if it drives the poor bugger nuts! Do this
because the fact that your records show a visit to him, four, eight, or
twelve weeks after the accident, proves your injury needed constant
attention, therefore you were unable to work. Also because, when you visit
your doctor and tell him there's no let-up of your pain, discomfort,
stiffness or immobility - - those continuing problems must be written into
the Medical Report he'll provide for you when you've finished treatment.
That's the one you'll hand to Adjuster Smart when the two of you begin to
talk turkey. As he reads it you’ll watch him frown, then blanch as that
cocky smile disappears from his face. When you see him do that you‘ll
know, "ya got him"!
DISCLAIMER: The only purpose of this claim tip is to help people
understand the motor vehicle accident claim process. Dan Baldyga makes no
guarantee of any kind whatsoever; NOR does he purport to engage in
rendering any professional or legal service; NOR to substitute for a
lawyer, an insurance adjuster, or claims consultant, or the like. Where
such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY
to obtain said services.
Dan Badyga’s latest book Auto Accident Personal Injury Insurance
Claim (How To Evaluate And Settle Your Loss) can be found on the internet
at http://www.autoaccidentclaims.com
or visit your favorite bookstore.
Copyright (c) 2003 by Daniel G. Baldyga All Rights Reserved
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