Being involved in a car accident can disrupt your life in many ways, especially if it affects your ability to work. If you missed work due to the accident, you may be able to recover lost wages. This guide will explain how to claim lost wages after a car accident, what evidence you need, and how the process works in Bothell, WA.
What Are Lost Wages?
Lost wages refer to the income you miss out on due to an accident. This can include:
- Hourly or salaried wages
- Overtime pay
- Bonuses and commissions
- Self-employment income
- Sick days, vacation time, or paid time off (PTO) used due to the accident
If the accident caused long-term disability, you might also be able to claim lost earning capacity, which covers the reduction in your ability to earn income in the future.
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How To Claim Lost Wages After a Car Accident
1. Determine Who Is Responsible
Before filing a claim, you need to establish who was at fault. In Washington, the at-fault driver’s insurance is typically responsible for covering damages, including lost wages. If the other driver was uninsured or underinsured, you may need to file a claim through your own insurance policy under uninsured/underinsured motorist (UM/UIM) coverage.
2. Gather Documentation
To successfully claim lost wages, you must provide evidence. Common documents include:
- Pay Stubs and Tax Returns – These show your income before the accident.
- Employer Statement – A letter from your employer confirming your missed work dates and wages lost.
- Medical Records – Proof that your injuries prevented you from working.
- Doctor’s Note – A statement from your physician detailing work restrictions due to your injury.
- Invoices or Contracts (For Self-Employed Individuals) – Documents proving lost business income.
3. File a Claim With the Insurance Company
Submit your lost wages claim to the at-fault driver’s insurance company. If you are dealing with your own insurer under UM/UIM coverage, follow their specific claim process. Make sure to include all supporting documents to strengthen your claim.
4. Negotiate or Take Legal Action
Insurance companies may dispute or undervalue lost wage claims. If they offer a lower amount than you deserve, you may need to negotiate. If negotiations fail, you can consider filing a lawsuit to recover full compensation.
Challenges in Claiming Lost Wages
1. Proving Lost Income for Self-Employed Individuals
If you are self-employed, proving lost wages can be more difficult. Keeping detailed records of past invoices, contracts, and business income can help demonstrate your losses.
2. Dealing With Insurance Delays or Denials
Insurance companies often try to minimize payouts. They may argue that your injuries did not prevent you from working or that your earnings were not impacted. Having strong documentation and, if needed, legal representation can help counter these tactics.
3. Partial Fault and Its Impact on Your Claim
Washington follows a comparative negligence rule, meaning if you were partially at fault for the accident, your compensation could be reduced by your percentage of fault. For example, if you were found 20% at fault, your lost wages claim would be reduced by 20%.
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Final Thoughts
Recovering lost wages after a car accident requires strong evidence and persistence. If you’re struggling to get the compensation you deserve, Murphy Trial Law is here to help. Call us at (425) 835-2614 for a free consultation and let us fight for your financial recovery.
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