Steps to Take After Being Involved in a Car Crash in New York
If you’ve missed work because of injuries from a car accident, you may be entitled to recover the income you lost. Knowing how to claim lost wages from a car accident in New York is essential to making a full financial recovery—especially when bills continue to pile up. Our personal injury lawyers can help you pursue compensation for loss of wages due to a car accident, medical care, and other damages.
You may be eligible for lost wages through no-fault insurance coverage if you missed work because of your injuries. To claim lost wages from a car accident, following the proper steps and filing the appropriate paperwork is crucial. Working with a seasoned personal injury attorney can help you navigate the process.
Contact us today for a free consultation: 914-946-2500
Video Transcript
How to Claim Lost Wages After a Car Accident in New York
If you’ve been injured in a car accident in New York and can’t work because of your injuries, there’s good news: state law allows you to recover a portion of your lost wages. Here’s how the process works.
New York’s No-Fault Law
New York is a no-fault state. This means that the insurance company for the car you were in—whether you were the driver or a passenger—is responsible for paying your crash-related medical expenses and lost wages.
If you were a pedestrian, bicyclist, or riding a non-motorized scooter, the insurance company for the car that struck you is the one that must make these payments.
How Wage Reimbursement Works
- Coverage period: Up to three years from the date of the crash.
- Payment amount: 80% of your lost wages, up to $2,000 per month.
What You Must Do
To receive wage reimbursement, you’ll need to take several steps:
- File an application for benefits within 30 days of the accident.
- If you hire an attorney, they can handle this for you.
- If you’re filing on your own, submit the application promptly.
- Include a copy of the police report, if available.
- Employer verification form.
- The insurance company will send a verification form directly to your employer.
- Your employer must complete and return it directly to the insurer.
- Doctor’s notes.
- Each month that you’re unable to work, your doctor must provide a note confirming that your injuries prevent you from working.
- A new note is required every month. A single note covering multiple months won’t be accepted.
What If You Earn More Than $2,000 a Month?
Unfortunately, the no-fault limit won’t cover wages beyond $2,000 per month. However, some people carry Additional Personal Injury Protection (APIP) coverage, which provides higher benefits. If you have APIP, you may be eligible for additional reimbursement.
Long-Term Lost Wages
If your injuries prevent you from working for an extended period, and your no-fault benefits run out or are cut off, you may still be able to recover the rest of your lost wages. This can be done through:
- A claim against the at-fault driver’s insurance, or
- A lawsuit, if necessary.
The Independent Medical Exam (IME)
Insurance companies won’t always continue paying benefits for the full three years. At some point, they may require you to attend an Independent Medical Examination (IME).
- These doctors work for the insurance company, and if they decide you’re able to return to work, the insurer can stop paying benefits.
Get Help With the Process
The rules surrounding wage reimbursement after a New York car accident can be complicated—but they don’t have to be. Our law firm has been handling these cases for over 30 years.
Call us today. The consultation is free, and the advice you receive may be priceless.
Does Car Insurance Cover Lost Wages?
Under New York’s no-fault insurance law, drivers must carry $50,000 in personal injury protection (PIP) coverage. No-fault insurance compensates an injured person regardless of who is at fault for the accident. The coverage reimburses some of the injured party’s economic or financial losses, such as medical expenses, lost wages, and other reasonable or necessary costs incurred from the accident.
No-fault auto insurance typically covers:
- 80% of lost earnings from work (up to $2,000 per month for up to 3 years from the date of the accident);
- Up to $25 per day, for up to 1 year from the date of the accident, to cover other reasonable expenses (e.g., transport to/from medical appointments, help in the home); and
- $2,000 death benefit (in addition to the $50,000 basic limit).
No-fault benefits do not cover vehicle or property damage or compensate for pain and suffering. Most no-fault benefits have a $50,000 limit unless the insured purchased additional benefits. Reviewing your policy documentation or speaking with a personal injury attorney is always helpful in understanding the benefits available.
If you need help claiming lost wages after a vehicle accident, contact our attorneys today for a free consultation
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Submitting a Claim for Lost Wages in New York
To seek lost wages under no-fault coverage, you must submit a claim within 30 days of the accident. Failure to file within 30 days could lead to a loss or reduction of benefits. If you file late, you must also submit a letter of justification for the late filing.
If your accident occurred in New York, and you were a passenger or driver, file your claim with the insurer of the vehicle you were in. If you were a pedestrian involved in the accident, file with the insurer of the vehicle that hit you. If you were a passenger on a public bus, you can only file a no fault claim with the bus company if you don’t own a car or reside with a relative who owns a car.
When filing your claim, you must include supporting documentation of your proof of earnings and inability to work due to your injuries. This documentation may include:
- Medical documentation—obtain all medical records and a doctor’s note indicating you cannot work due to the injuries you sustained from the accident, the treatment required, and the anticipated time for recovery;
- Employment and salary verification— You must identify your employer on the application for no fault benefits. Your employer must directly provide the no fault insurer with verification of your salary, working hours, and the amount of work you have missed; the insurer will not accept this information if it comes from you and not your employer. There are special rules for self-employed applicants. Our team will guide you through this maze of rules and work to see that your no fault benefits are paid in a timely manner.
- Personal documentation—notations made in a personal calendar or diary about days or opportunities missed to accrue overtime or additional income.
Your claim should also include information about the parties involved and the circumstances of the accident.
What if I was on the job when I was injured in a car accident in New York?
- Different rules apply. You have to seek worker’s compensation benefits from your employer even if you were in your own car at the time of the accident. Worker’s Compensation benefits are paid in lieu of no fault benefits in such situations.
The insurer may deny your claim if you miss a section or do not include sufficient details in the benefits application. Work with an attorney familiar with completing these forms and obtaining no-fault benefits to ensure you receive the benefits you deserve.
Additional Compensation
PIP coverage may not cover all the costs associated with your injuries, especially if the injuries are serious. If your injuries meet the threshold of being “serious,” you may seek additional compensation by filing a claim against the at-fault party with their insurance company.
Serious injuries may include bone fractures, significant disfigurement, permanent limitation of a body member or organ, or total disability. You may be able to recover lost wages, medical expenses, home modifications, and pain and suffering costs. A savvy personal injury attorney can help make sure you receive fair compensation for the total amount of your losses.
Greenspan & Greenspan Can Help You Recover Lost Wages
If you are trying to figure out how to get lost wages for a car accident, Greenspan & Greenspan can help. Operating since 1959, our firm has decades of experience providing legal advice and advocacy to clients involved in motor vehicle accidents.
We listen to each client’s needs and circumstances and fight zealously to recover fair compensation for their injuries and lost wages. You deserve the time to heal without fearing how you will cover your costs. Contact Greenspan & Greenspan today to learn how we can help you navigate the process of recovering lost wages.
FAQs
How do I claim lost wages after a car accident in New York?
You can claim lost wages by filing a claim through your own no-fault insurance provider, or, in serious injury cases, through a personal injury lawsuit against the at-fault driver. You will need medical documentation, proof of employment, and verification from your employer.
What documents are required to prove loss of wages due to a car accident?
To claim lost wages, you’ll need a doctor’s note stating you’re unable to work, a wage verification form completed by your employer, recent pay stubs, tax returns, and possibly a letter from your HR department confirming your employment and salary.
Can I recover lost future income after a car accident?
Yes. If your injuries prevent you from returning to your job or limit your earning capacity, you may be able to claim future lost wages or loss of earning potential. This usually requires expert testimony and strong medical evidence.
Does no-fault insurance cover lost wages in New York?
Yes. New York’s no-fault (PIP) insurance generally covers up to 80% of lost earnings, up to $2,000 per month, for up to 3 years after the accident—unless you opt for higher coverage. Claims must be filed within 30 days of the accident.
Can I file a lawsuit for lost wages in addition to a no-fault claim?
Yes. If your injuries meet New York’s “serious injury” threshold, you may be eligible to file a lawsuit for additional lost wages and non-economic damages like pain and suffering.
