Can my husband collect on his short-term disability insurance and still be reimbursed by the at-fault drivers insurance for lost wages?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my husband collect on his short-term disability insurance and still be reimbursed by the at-fault drivers insurance for lost wages?

My husband has been told he cannot return to work until he is 100% better and without a diagnosis we don’t know when that will be. Work told him he can file his short-term disability claim (paying 60-70% of wages) but we are worried that the at-fault driver’s insurance will then not reimburse him for lost wages. Should we take the disability or will we be shooting ourselves in the foot?

Asked on August 3, 2010 under Accident Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Taking the short-term disability payments shouldn't cost you anything in the long run, and it will make life easier now, when you need it most.  I'd strongly recommend having an attorney handle your claim against the other driver, who can give you detailed advice.

At best, an at-fault driver in this situation could seek to have the insurance benefit deducted from his liability, and pay only for "unreimbursed" wage losses.  However, it's also quite possible that, if this could be recognized, the insurance company could also sue the at-fault driver, in the name of the injured insured (your husband), for what the driver's negligence forced them to pay out.  It's called subrogation.

One way or another, your husband should get his full lost wages, if the other driver was 100% at fault.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption