When you have a car accident and are injured, your financial problems can start not just from medical bills but also from the fact that you cannot work after your accident due to the nature of your injuries. As your medical bills stack up and the time away from work gets longer and longer, you may begin to fear that you'll be financially ruined by the car accident. Fortunately, the law is set up to make sure that- in most cases- this doesn't happen and that you are provided for after a car accident. So, how do you get money for missed work after you have been in a car accident? The law depends on where you live and who was at fault for the accident.
No Fault and Fault States
The states in the US are broken up into two groups when it comes to auto accidents: those who apply tort principles, and those who apply no fault principles. There are 12 states total that apply no fault principles after an accident:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
If you happen to live in one of these 12 no fault states, rest easy--- after an accident, your medical bills and lost wages will be covered by your own insurance carrier under a type of protection called personal injury protection (PIP). This is true no matter who was at fault, so your medical bills and lost wages are paid (at least partially) by your insurer no matter what. Some states require no fault insurance to cover the full amount of lost wages from work missed, while others allow for only a partial recovery of lost wages.
Fault or Tort Rules
If you live in a fault state, then whether or not you are able to recover for your lost wages from work missed depends on who was at fault:
- If the other person was at fault, you can either sue or accept a settlement from his insurance company. Lost wages is a type of damage you would be entitled to if you sued, and should be included in any settlement offer you accept.
- If you were at fault and you miss work, you typically do not get any insurance coverage or payment for that work missed.
Getting Help
No matter where you live, calling an experienced attorney after the car accident can help you to maximize your chances of recovering damages including lost wages for work missed. Your attorney can explain what your rights are after a car accident in your state and can help you with the logistics of filing claims and dealing with insurers to get your money for missed work.
