When is it appropriate to petition for compensation of lost wages in an insurance settlement and what documentation is required?

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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 8 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.

 


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